Terms of Service

Last updated: December 31, 2022

These Terms of Service (“Terms”, “Terms and Conditions”, “Terms of Use”), and the Privacy Policy set out your relationship and govern your access or use of, including but not limited to, paid or free services, products, applications, software and websites (the “Service(s)”) provided by Vast (“company”, “we”, “our(s)” or “us”), whether delivered using a web browser, desktop application, mobile application, or in another format, including but not limited to, third-party channels or platforms such as Twitter, Tumblr or Facebook, that we may choose at our sole discretion and any data, designs, themes, templates, plugins, text, images, graphics, photos, audio, video, sounds, musical works, works of authorship, applications, code and other content or materials (“Content”) without limitation that we have exclusive property, own, license and/or provide as part of the Service including but not limited to, copyrights, service marks, trademarks, patents, design rights or trade secrets uploaded, downloaded, or appearing on or in our services, products, applications, software or websites.

When we say “you” or “your(s)”, we are referring to all users, visitors, customers or others who access or use one or more of our Services.

If you are using our Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your(s)” refers to that Organization.

The information provided as part of the Service is not intended for distribution or use in any jurisdiction or country which would subject us to any registration requirement within such jurisdiction or country.

You may not access or use our Services if your access or use of such Services is subject to industry-specific regulations such as the Gramm-Leach-Bliley Act (GLBA), Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA) and others.

Our Terms and Privacy Policy affect your legal rights and obligations. It is important that you read these Terms carefully before you access or use the Service. By accessing or using the Service you are agreeing that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.

When you use our Services now or in the future, you’re agreeing to the the latest Terms. This applies to all existing and future changes to the Service that may be introduced over time. If you do not agree to be bound with any part of the Terms then you should not access or use the Service. At no time are the rights or provisions under these Terms waived. These Terms contain a limitation of our liability.

General

As a user of the Service, you agree not to:

  • use the Service if you are a person barred from receiving the Service under the laws of any country, including the country in which you are resident or from which you use the Service.
  • use the Service unless you are over the age of 18.
  • access or use the Service through automated or non-human means, whether through a bot, script, or otherwise.
  • link, share, modify, appropriate, distribute, publish, post, broadcast, rent, lease, offer, sell, repost, reproduce, rebroadcast, retransmit, reperform or otherwise create derivatives of any part the Service or Content without our express prior written permission.
  • reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part the Service.
  • exploit the Service in any way, in whole or in part.
  • violate any of our intellectual property including but not limited to, any copyrights, service marks, trademarks, patents, design rights or trade secrets.
  • remove or alter any proprietary notices, labels or any lawful notices.
  • engage in, assist, cause, facilitate or allow any activity of any kind:
  • that alters, interferes with or disrupts the Service.
  • for which the Service is not intended, is forbidden, illegal or unlawful.
  • which is or may be viewed as inappropriate, obscene, offensive, malicious or harmful without limitation.
  • infringe the rights of, or improperly restrict or inhibit the use and enjoyment of the Service.
  • give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any content from you.
  • upload, post, email, transmit or otherwise make available any content, including the making of any offers or statements, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of privacy, fraudulent or hateful.
  • stalk, harass, or threaten any person or party.
  • impersonate any person or entity, including, falsely state or otherwise misrepresent your affiliation with a person or entity or violate the right of any person or entity.
  • violate any applicable laws or regulations domestic or foreign.

Intellectual Property

Unless otherwise indicated, the Service and Content including but not limited to, software or hardware is and will remain our exclusive proprietary property or is licensed to us, and is protected by domestic and foreign intellectual property rights, unfair competition laws, copyright laws, and various other conventions.

If you submit, provide or share content with us including but not limited to, text, writings, video, audio, photographs, graphics or personal information (“Contributions”) that you hold a copyright remains owned by you. You promise that you are the original creator and owner or that you have the necessary licenses, rights, consents, and permissions for any Contributions you submit, provide or share with us.

If you provide Contributions already in public domain, you warrant & confirm the public domain status of such content under the applicable laws both in domestic or foreign jurisdictions. You agree to label such Contributions appropriately and be prepared to provide the information if requested by us or any other party.

Any Contributions you submit, provide or share with us directly or indirectly gives us the irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide license to make a copy, to distribute it, reproduce it, to display it and otherwise use or publish it to any extent necessary without limitation as part of our Service. For the avoidance of doubt, no revenue generated by our use of any Contributions you submit, provide or share with us shall be payable to you.

Provided that you are eligible to access or use our Services, you are granted a limited license to access and use the Service and Content to which you have properly gained access solely for your personal, non-commercial use.

We reserve all rights not expressly granted to you and nothing contained in these Terms shall be construed as us granting any license or right to use including but not limited to, any copyrights, service marks, trademarks, patents, design rights or trade secrets without our express prior written permission.

Use of the Service

We reserve the right to, at any time and from time to time for any reason or for no reason, at our sole discretion and without limitation, notice, or liability:

  • change, delete, add, modify or discontinue, temporarily or permanently, any or all parts of the Service to any person in any way.
  • monitor the Service for violations of these Terms.
  • take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms, including but not limited to, reporting such user to law enforcement authorities.
  • remove, refuse, restrict access to or limit the availability of any of your Contributions or any portion thereof.
  • manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
  • deny, refuse or decline providing the Service to you as we may elect without authorization from you.

Links To Other Services or Websites

Our Service may contain links to websites or services, products or software from third-parties that are not owned, operated or controlled by us. They do not signify that we endorse such third-parties.

If you decide to access, use or visit third-party services or websites, you do so at your own risk. It is your responsibility to take all protective measures. You will not involve us in any dispute you may have with such third-parties. We assume no responsibility for, the content, policies, or practices of any third-party websites or services in any fashion.

You further acknowledge and agree that we will not be responsible or liable directly or indirectly for any damage or loss caused or alleged to have been caused by or in connection of any such content, goods or services.

It is strongly recommended that you to read the terms and conditions and privacy policies of any third-party services, products or software you use or access. Any terms, conditions, warranties or representations by third-parties are solely between you and the provider of the service.

Limitation of Liability

In no event we, our directors, shareholders, employees, partners, agents, suppliers or affiliates, are liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other tangible or intangible losses, resulting from:

  • your inability to access or use the Service.
  • any modification, change, discontinuation, cancellation or termination of the Service.
  • the inability to meet your expectations and/or requirements.
  • any representations, warranties, conduct or content from you or a third-party to or from the Service.
  • any acts or omissions by you or of any third-party.
  • any content obtained from the Service.
  • any content located in any place or fashion which is not controlled by us including but not limited to the websites of any third-parties.
  • any claims brought against you by a third-party.
  • unauthorized access, use or alteration of the Service, whether based on warranty, contract, tort, negligence or any other legal definitions, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential intent or purpose.
  • any breach in security without limitation to or from the Service, as a result of you or any third-party.
  • loss of data as result of the Service.

Indemnity

You agree to fully indemnify us, our directors, shareholders, employees, partners, agents, suppliers or affiliates from and against any claims, losses, liabilities, suits, actions, damages, demands, fees, sanctions, penalties, judgement, awards, violations, costs or expenses including but not limited to legal or financial fees brought by any other party due to or resulting from your use of the Service knowing or not of these Terms, Privacy Policy or any other contract or agreement we have or may have with you.

You agree to compensate us for any damages or losses suffered by us as a result of any claim or legal action brought against us by any third-party in respect of any matter arising from your access or use of the Services.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We may not be compelled by you or any third-party to provide the Service under any circumstances.

We, our partners, agents, suppliers or affiliates do not represent or warrant that:

  • the Service will function uninterrupted, be secure or be available at any particular time or location.
  • any errors or defects will be remedied or corrected.
  • the Service is free of malware or other harmful components.
  • the results of using the Service will meet your requirements.
  • the information and material accessible is accurate, complete or current or that such information and material is suitable for any particular purpose.

Dispute Resolution

All legal proceedings arising out of or in connection with these Terms shall be brought solely to the courts in New Zealand, which will have exclusive jurisdiction and venue under this agreement. You agree that you waive any claim to inconvenient forum in this regard.

Governing Law

These Terms shall be governed in accordance with the laws of New Zealand without regard to its conflicts of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Updates

The Terms may be updated, modified or replaced as needed to comply with changes in regulations, the adoption and delivery of new services or products. Whenever there is significant change to the policies, an update will be published on this site. What constitutes a reasonable, significant or material change will be determined at our sole discretion. It is your responsibility to check this website for changes.

Feel free to drop us a line if you have any questions.