VibeMate Terms and Conditions

2. USER SUBMITTED CONTENT

a. Submitted Content Created by Others

We allow our users to submit pictures, videos or other material and to share and publish such content for display in the free areas of the Services (“Submitted The Content”). You shall be solely responsible for your Submitted Content including those made through your account and the consequences of posting or publishing them. In connection with your Submitted Content, you affirm and warrant that:

• your Submitted Content is compliant with all laws, including, but not limited to, 18 U.S.C. § 2257, 28 C.F.R Pt. 75 and the Regulation to Prevent and Combat Child Sexual Abuse in EU; AND
• you are 18 years of age or older and retain all of your ownership rights in your Submitted Content; AND
• you have the written consent, written release, and/or written permission of each and every identifiable person in the Submitted Content to use his or her name and/or likeness in the manner contemplated by these Terms and Conditions; AND
• the posting of your Submitted Content on or through the Services does not, directly or indirectly, violate any laws prohibiting or otherwise depict child sexual abuse material or non-consensual sexual activity of any kind and does not, directly or indirectly, violate the legal rights of any person or entity, including without limitation any privacy or publicity rights, copyrights, trademark rights, trade secret rights or contractual rights; AND
• by posting your Submitted Content you allow us to share any content and any of your user related information with law enforcement authorities in connection with any investigation related to Child Sexual Abuse Material (“CSAM”), and/or any other non-consensual activity; AND
• to the extent permitted by applicable law, you will defend, indemnify, and hold harmless Wolkin, including our affiliates, officers, agents, and employees, from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising from or related to: (i) your use of and access to the Services, (ii) your violation of these Terms and Conditions, (iii) your violation of any third-party right including, but not limited to, any intellectual property right, property, publicity, or privacy right, (iv) any claim that your Submitted Content caused damage to a third party, or (v) any claim that you engaged in reprehensible or culpable conduct. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including, but not limited to, the right to select counsel and to compromise or settle any such claims, demands, or litigation; AND
• if anyone brings a claim against us related to your actions, Submitted Content, or any information obtained from or through you, and that claim is related to a fault, violation of these Terms and Conditions, or any other reprehensible or culpable behavior on your part, or is intended to remedy the consequences of any such fault, violation or behavior, you will indemnify and hold us including our affiliates, officers, agents, and employees harmless from any such claim, including for any and all liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information you upload and that we shall have no liability for such content or information; AND
• you have paid or shall pay any and all residuals, reuse and other fees, compensation or payments of any kind, however denominated, which are due or may become due in relation with your Submitted Content.

You further agree that you will not:

• submit material that depicts any person under 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18), whether real or simulated; NOR
• submit material without written documentation confirming that all subjects depicted are, in fact, over 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is set above 18); NOR
• submit material depicting child sexual abuse, non-consensual sexual acts, rape, bestiality, death, or use of controlled substances, whether implied, staged, simulated, artificial or cartoon/drawn/art; NOR
• submit material that is copyrighted, protected by trade secret and intellectual property laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Wolkin all of the license rights granted herein; NOR
• allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party including, without limitation, on or transmitted via a third-party website or otherwise exploit, any content, including member Submissions, without our express prior written consent; NOR
• submit material depicting violence or abuse actual harm to another living thing, including animals; and submit material that depicts or promotes incest; NOR
• submit material that is unlawful, threatening, constitutes “revenge porn”, harassing or hateful, contain incitement to violence or hatred directed against a group of persons or a member of a group on the grounds of sex, race, color, ethnic or social origin, genetic features, nationality, language, religion or belief, political or other opinion, membership of a national minority, property, birth, birthplace, disability, age or sexual orientation or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; NOR
• submit material that depicts or promotes coprophilia, also known as “fecophilia”; and use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the Services, unless you are expressly authorized in writing to do so by us; NOR
• use or launch any automated system that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser; NOR
• publish falsehoods or misrepresentations that could damage Wolkin or any third party; NOR
• collect or harvest any personally identifiable information, including account names, from the Services; NOR
• solicit, for commercial purposes, any users of the Services with respect to their Submitted Content; NOR
• post any form of advertisement, commercial communication or solicitations of business.

b. Disclaimer of Submitted Content

Any use or reliance on any Content or materials posted via the Services or obtained by any user through the Services is at your own risk. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

We do not endorse any Submitted Content and expressly disclaim any and all liability in connection with Submitted Content. Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any Submitted Content uploaded by you (“Third Party Personal Data”), and disclaim any and all liability in connection with the Third-Party Personal Data.

We do not guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. All Content is the sole responsibility of the person who originated such Content and we cannot take responsibility for such Content.

c. Waiver and Public License

To the greatest extent permitted by applicable law, you hereby overtly, fully, permanently, irrevocably and unconditionally waive, abandon, and surrender all of the Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law, (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, to the extent the Waiver is so judged, you hereby grant to each affected person a royalty-free, non-transferable, non-sublicensable, non-exclusive, irrevocable and unconditional license to exercise your Copyright and Related Rights in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case your hereby affirms that your will not (i) exercise any of your remaining Copyright and Related Rights in the Content or (ii) assert any associated claims and causes of action with respect to the Content.

3.PRIVACY

a. Privacy Policy

By using the App, you agree and consent that your use of our Services and our collection and processing of your data, including information transmitted to or stored by Wolkin, Inc. and its sites or affiliates, is governed by Wolkin Privacy Policy. This policy is published here.

b. Respecting Other People's Rights

You agree not to misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as "spam"); or attempt to affect the performance or functionality of any computer facilities or access through this Site. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

You may not use the Services, or enable anyone else to use the Services, in a manner intentional or not that:

• violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
• bullies, shames, harasses, or intimidates others;
• defames;
• spams or solicits our users.

These Terms do not grant you any right to do any of the following (or enable anyone else to do so):

• use branding, logos, designs, photographs, videos, or any other materials used in our Services;
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
• use of the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

You may not use the service or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.