These Terms and Conditions of Use and all other legal documents incorporated by reference (collectively, these "Terms") set forth the legal contract between each end user ("User" or "you" or “your”) and V100K Technologies, LLC., its affiliates, contractors and partners (“VT,” “we,” “our,” or “us”) with respect to your access to and use of the LTD Messaging mobile application, including use of any tools and services related to the LTD Messaging App offered through our website(s) (collectively, the “LTD Messaging App”). Our Services (as defined below) are provided through the LTD Messaging App, an interactive platform, where users can share and view Content (as defined below).
WARNING: The use of cell phones, tablets, and other devises are regulated in most states. There are extreme hazards with use of such device while driving, flying, boating, and operating machinery & equipment. Therefore, please ensure that when accessing the LTD MESSAGING PLATFORM WITH APPLICATION™ you do so in a safe and legal manner. VT and their affiliates will not assume any responsibility or liability for any operation that is contrary to law or normal safety standards.
Some of VT’s other sites, applications, services and tools may have additional terms that we provide to you when you use those sites, applications, services or tools.
As used herein, the following capitalized terms not otherwise defined in these Terms shall have the meanings set forth as follows:
"Content" means and includes, without limitation, information (personal or otherwise), photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, chat and text messages (including histories), music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by VT and/or owned, submitted, uploaded, post, display, or otherwise made available by you as a Registered User (as defined below).
“Feedback” means any information you provide to us about the LTD Messaging App or the Services, whether as a comment, evaluation, or otherwise.
“Member” means a Registered User that has registered for and entered into a Leadership Team Development membership subscription and accepted the Membership Terms and Conditions, which are hereby incorporated by reference.
“Registered Users” means both Members who have set up an Account (as defined below).
"Services" means any and all services, tools, software, developer platform functionalities, mobile applications and functionalities relating to the LTD Messaging App and as may be provided by VT from time to time.
“User” means “you”, the user of the LTD Messaging App.
For so long as you agree to these Terms and abide by them, you may use the LTD Messaging App and the Services. These Terms apply to all Users of the LTD Messaging App and the Services, including Registered Users who are contributors of Content. Your use of the LTD Messaging App may also be governed by a separate software license agreement made available to you when you first download the LTD Messaging App, and which is hereby incorporated into these Terms by reference.
1. Registered Users. In order to use the Services available to a Registered User, You are required to set up an “Account.” When you set up an Account, you are required to enter either a unique user ID or valid email address ("User ID") and password to access the Services (your User ID, password or Account information are, collectively, "Your Account"). You may not transfer to or share Your Account with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account. You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing the LTD Messaging App or Services under your Account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than yourself. If your access to the LTD Messaging App or use of the Services has previously been terminated by VT, then you may not register for a new account, or designate other individuals to use an account on their or your behalf.
You agree to register using your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the LTD Messaging App or the Services (or any portion thereof) and any license(s) to the Tools.
3. Members. The Membership Terms and Conditions apply to all Members’ use of the LTD Messaging App and the Services. Members will log into their Account using their Member’s ID number as the User ID. Members will have access to their LTD Messaging App account.
4. Age Restriction. You affirm that you are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the LTD Messaging App.
When using the LTD Messaging App, you agree not to revise or alter Content posted by others, and you agree not to post or use any Content in any manner that (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violates the privacy, publicity, or other rights of third parties; (iii) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by VT in its sole discretion; (iv) is false or inaccurate; (v) violates any law, civil or criminal, (vi) violates our policies, including posting content in an inappropriate category or areas on the LTD Messaging App.
You also agree that you will not:
You agree not to use the LTD Messaging App or the Services to:
Without our written consent, you may not:
Please be aware that it is a federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer without authorization and to knowingly cause damages.
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not resell or sublicense access to the Services to any third party.
1. As a Registered User you may submit Content pursuant to the Amway Rules of Conduct. All Content must meet the standards set by Amway and VT. You understand that VT does not guarantee any confidentiality with respect to any Content you submit. Your Content will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the LTD Messaging App or using the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit, and you hereby grant a license to VT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the LTD Messaging App or through the Services pursuant to these Terms.
2. For clarity, you retain all of your ownership rights in your own Content. However, by submitting Content to VT, you hereby grant VT a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable through multiple tiers and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the Content in connection with providing the LTD Messaging App or in connection with the Services and VT's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (now known or later developed). We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also hereby grant each user of the LTD Messaging App a non-exclusive license to access your Content, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the LTD Messaging App and under these Terms. The above licenses granted by you in Content you submit to the LTD Messaging App will survive even if you remove or delete your Content from the LTD Messaging App. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
3. You further warrant that Content you submit to the LTD Messaging App or the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have rightful authorization to use it or you are otherwise legally entitled to post the material and to grant VT all of the license rights granted herein.
4. VT does not endorse any Content submitted to the LTD Messaging App or the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and VT expressly disclaims any and all liability in connection with Content. VT does not permit copyright infringing activities and infringement of intellectual property rights on the LTD Messaging App, and VT will remove Content if properly notified that such Content infringes on another's intellectual property rights. VT reserves the right to remove Content without prior notice.
5. Content is provided by VT to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the LTD Messaging App and the Services and as permitted under these Terms. You shall not download any Content unless you see a “download,” “stream” or similar button or link displayed by VT on the LTD Messaging App or the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of VT or the respective licensors of the Content. VT and its licensors reserve all rights not expressly granted in and to the LTD Messaging App, the Services and the Content.
6. You understand that when using the LTD Messaging App and the Services, you will be exposed to Content from a variety of sources, and that VT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
7. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.
8. Any UNREAD Inbox messages older than 90 days will be permanently deleted by VT in order to conserve server space. Also, any READ Inbox messages older than 180 days will be permanently deleted by VT. Members are encouraged to place important messages in folders to avoid losing messages. Messages placed by the Member in the Trash folder will be permanently deleted after 30 days. VT is not responsible for deleted or lost Content.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the LTD Messaging App, the Services, the Content, and all tools, and all related intellectual property rights. The LTD Messaging App as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the LTD Messaging App owned by or licensed to VT or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary methods and systems used to provide the LTD Messaging App or the Services ("Our Technology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the LTD Messaging App according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the LTD Messaging App or in the Services, including its “look and feel”, constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") of us or other entities. All Marks not owned by VT that appear on the LTD Messaging App are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the LTD Messaging App or the Services.
Your Feedback is welcomed and encouraged. You agree, however, that (i) by submitting ideas to VT, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) ideas submitted to VT or any of its employees or representatives automatically become the property of VT. If we solicit your Feedback or opinion regarding any areas of our business, the LTD Messaging App or the Services, and if you want to send us your Feedback (and we hope you do) we simply request that you send it to us by emailing email@example.com. You agree that any Feedback you provide to VT shall be deemed to be non-confidential. VT shall be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the LTD Messaging App or the Services. This includes not displaying, importing, exporting or using any Feedback information off of the LTD Messaging App, regardless of purpose. You hereby expressly permit VT or its authorized contractors and partners to access Your Account and Content in order investigate and diagnose actual or potential defects or other technical problems with the LTD Messaging App.
These Terms will become effective and binding when you use the LTD Messaging App or the Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the LTD Messaging App (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the LTD Messaging App or the Services. We reserve the right to terminate these Terms and your access to the LTD Messaging App and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the LTD Messaging App and the Services, we retain the license rights granted to us upon any Content uploaded or provided through the LTD Messaging App. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in Your Account for ten (10) years after the termination of Your Account. After ten (10) years, we may delete your information from our servers except as required by law. You understand that if you want to use the LTD Messaging App or the Services after termination of Your Account, you may need to re-register and provide us with your information again.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Services and Accounts, prohibit access to the LTD Messaging App and Content, the Services and the Tools, delay or remove any Content, take technical and legal steps to keep any Visitors or Users from using the LTD Messaging App if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. For example, VT will terminate a user's access to the LTD Messaging App and the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.
VT reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive length. VT may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate Your Account for submitting such material in violation of these Terms. You hereby understand and agree that in addition to the above listed causes, VT reserves the right, at all times, to remove Content and/or terminate Accounts if we consider, at our sole discretion, such Content or Account to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish or in violation of the standards of excellence and professionalism that we strive for in connection with the LTD Messaging App.
The provisions of Sections I, II.D, II.E, II.F, IIG, III, IV and V will survive the termination of these Terms.
THE SERVICES, THE LTD MESSAGING APP, THE TOOLS, AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. VT AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE LTD MESSAGING APP AND/OR THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE SERVICES AND/OR THE LTD MESSAGING APP IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. VT IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. VT DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE LTD MESSAGING APP; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE LTD MESSAGING APP OR THE SERVICES.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE LTD MESSAGING APP OR THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE LTD MESSAGING APP OR THE SERVICES AND FROM THE OUTPUT OF THE LTD MESSAGING APP OR THE SERVICES.
Though we strive to enforce our Content related rules with all of our users, including Registered Users, you may be exposed through the LTD Messaging App or the Services to Content that violates our policies or is otherwise offensive. You use the LTD Messaging App and the Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the LTD Messaging App if we determine or suspect that those accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the LTD Messaging App whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by third parties represent solely the thoughts of the author and are neither endorsed by us nor do they necessarily reflect our beliefs.
USE OF THE VT SERVICES, THE LTD MESSAGING APP, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL VT OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF VT WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF VT TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND VT RELATING TO THE PROVISION OF THE LTD MESSAGING APP, THE SERVICES, AND ANY CONTENT TO YOU, AND VT WOULD NOT PROVIDE THE LTD MESSAGING APP OR THE SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE LTD MESSAGING APP OR THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VT, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the LTD Messaging App, the Services, Content and/or the Tools; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the LTD Messaging App, the Services, Content and/or the Tools.
If you believe your copyright has been violated by Content or Third-Party Offerings accessible on the LTD Messaging App, please contact us by email at firstname.lastname@example.org.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VT without restriction.
Please report any problems, offensive content, policy violations and/or abuse to us at email@example.com.
We reserve the right to modify the LTD Messaging App and/or the Services at any time without notice. If you object to any changes to the LTD Messaging App or the Services, your sole recourse will be to cease using them. Continued use of the LTD Messaging App or the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the LTD Messaging App and/or the Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the LTD Messaging App or the Services.
All disputes, claims, or controversies arising out of or related to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including, but not limited to, any claims or disputes against VT, regardless if they arise before or after the termination of these Terms, shall be resolved in accordance with the Conciliation and Arbitration process set forth in Rules 11.2 and 11.3 of the Amway Rules of Conduct (the “Conciliation Process”). Rule 11 of the Amway Rules of Conduct is incorporated herein by reference.
Following the conclusion of the Conciliation Process, if the matter proceeds to binding arbitration, the arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of these Terms and any of the provisions herein, including, but not limited to, jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which arbitration is sought, and who are proper parties to the arbitration, to the fullest extent allowed by applicable law. The arbitrator has the authority to determine jurisdiction and arbitrability issues as a preliminary matter.
The Conciliation Process is reciprocal and binds all parties to these Terms.
The parties to these Terms, when involved in the Conciliation Process as parties, witnesses, or otherwise, will not disclose to any other person not directly involved in the Conciliation Process:
However, nothing in these Terms shall preclude a party from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery. Any dispute that may arise out of or that relates in any way to these Terms must be resolved solely and exclusively in compliance with the dispute resolution procedures, including compulsory arbitration, set forth in Rule 11 of the Amway Rules of Conduct in effect at the time the dispute arose.
You agree to comply with all laws, rules and regulations that apply to your use of the LTD Messaging App, the Services, Content and the Tools.
If you are located outside the United States of America and/or are a national of another country and choose to provide information, upload Content to or register an Account with VT, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using the LTD Messaging App, you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States of America.
© 2017 V100K Technologies, LLC.