Terms Of Service

Terms Of Service

The www.Vilajing.com website and all related services are owned and operated by TeRive, LLC d/b/a Vilajing, collectively referred to in this document as “Vilajing” and the “Vilajing Website”.  Certain content and material available on the Vilajing Website and related services are provided by license from third parties.

By accessing, browsing and/or using the Vilajing Website or related services, you agree that you are bound by these terms and conditions of use (“Terms of Use”).  If you do not agree to these Terms of Use, leave the Vilajing Website immediately and do not access, browse or use the Vilajing Website or related services.

PAID MEMBER ACCOUNTS

Many of our services are Free, and are clearly and accurately labeled as such on the Vilajing website. At our sole discretion we have the right to offer any number of paid offerings or services. Certain sections of, or offerings from Vilajing require you to register or purchase. If you request registration or a purchase, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information.  You also represent and warrant that if you are registering for any paid service, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

By registering as either a free or paid member, you agree and acknowledge that you voluntarily subscribed to the Vilajing Membership. Should you register for any paid services or memberships, you agree that you will be charged any associated membership rates on the credit card you provided, indefinitely, unless and until you send in a written cancellation request. Memberships can be canceled at any time, upon receipt of a written cancellation request to [email protected].

Should you enroll as a paid member of any paid service or memberships, you agree and acknowledge that UNTIL YOU CANCEL YOUR ACCOUNT IN WRITING, YOU WILL CONTINUE TO BE CHARGED THE MONTHLY MEMBERSHIP FEE TO THE CREDIT CARD YOU PROVIDED. You also agree and acknowledge that Vilajing DOES NOT PROCESS REFUNDS.  ALL SALES ARE FINAL, AND Vilajing DOES NOT RETROACTIVELY PROCESS REFUNDS EVEN IF YOU FAIL TO USE THE Vilajing SERVICE.

Vilajing is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Vilajing. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases.

Each paid registration is for your personal use only.  We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

INTELLECTUAL PROPERTY RIGHTS | TRADEMARKS

The material and content on the Vilajing Website (“Vilajing Content”) may not be reproduced, distributed, displayed, used for derivative works, or transmitted in any way, except as expressly permitted by Vilajing.

The Vilajing Content is proprietary and subject to copyright and other legal protection by Vilajing or its third party licensors.  Nothing in this Terms of Services grants or confers any title or ownership of, or exclusive use-rights to, any intellectual property right in and to the Vilajing Content.   If you are NOT a paid subscriber to Vilajing, Vilajing grants you a limited license to view the Vilajing Content provided to the public by Vilajing on the Vilajing Website.  If you are a paid subscriber to Vilajing, Vilajing grants you a view of the public Vilajing Content and a limited non-transferrable license to view and use the subscriber Vilajing Content solely for original purchaser’s own purposes.

Vilajing and the Vilajing logos are trademarks of Vilajing and all rights are reserved.  All other Vilajing trademarks, service marks, domain names, logos, and company names referred to on the Vilajing Website are the property of Vilajing or its licensors.  Other non Vilajing company names, trademarks, service marks, domain names, logos on the Vilajing Website may be trademarks of their respective owners.  You may not use any trademark, service mark, domain name, logo, or company name of Vilajing or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name.

USER SUBMISSIONS AND USER CONTENT

Vilajing welcome’s user comments and videos on its blog and the Vilajing Website (“User Content”). By submitting User Content to the Vilajing Website, you represent and warrant that you either own or control all of the rights to the content submitted, that you previously obtained authorization from the owner of the material to submit the material in your User Content submission, and that you have all necessary authorizations from any person or company mentioned in your User Content to submit such information to the Vilajing Site for use in under this Terms of Use. In addition, you agree to indemnify, defend and hold Vilajing and its successors and assigns harmless, at Vilajing’s option and at your sole expense from and against any damages, losses, costs, or expenses, including attorneys’ fees, which Vilajing or its successors and assigns may incur as a result of your User Content submission. Users that provide User Content do so voluntarily and subject to the Vilajing Privacy Policy.

Vilajing has no duty to treat any User Content as confidential. Vilajing retains the right to review, edit, or delete from the Vilajing Website any User Content that Vilajing in its sole discretion considers illegal, offensive, or otherwise inappropriate.

Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at Vilajing option and at your sole expense), indemnify and hold Vilajing harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Vilajing may incur as a result of your Submission. If you are viewing the Vilajing Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Vilajing Website and the computer system you are using to prevent unauthorized Submissions. Vilajing retains the right to review, edit, or delete from the Vilajing Website any Submission which Vilajing in its sole discretion considers illegal, offensive, or otherwise inappropriate.

MODIFICATIONS AND INTERRUPTION TO SERVICE

Vilajing reserves the right to modify or discontinue the Service with or without notice to the Member. Vilajing shall not be liable to Member or any third party should Vilajing exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Vilajing does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Vilajing reserves the right to deny or revoke access to the Vilajing Website, or any part thereof, at any time in its sole discretion, with or without cause. Vilajing endeavors to make the the Vilajing Website available 24/7/365, Vilajing does not make this guarantee, and Vilajing shall not be liable if, for any reason, the Vilajing Website is unavailable.

DISCLAIMER AND LIMITATION OF LIABILITY

THE INFORMATION ON THE VILAJING WEBSITE MAY INCLUDE INACCURATE INFORMATION AND VILAJING DOES NOT MAKE ANY PROMISES, COVENANTS, REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS USERS MAY ACHIEVE BY USING THE INFORMATION MADE AVAILABLE, LICENSED AND SOLD ON THE VILAJING WEBSITE.  ALL INFORMATION AND SERVICES ON THE VILAJING WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND, AND VILAJING EXCLUDES ALL REPRESENTATIONS, WARRANTIES, INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL, WHICH, BUT FOR THESE TERMS OF USE MIGHT HAVE EFFECT IN RELATION TO THE SITE.

By using the Vilajing Website, you agree that, IN ANY CONTROVERSY OR DISPUTE BETWEEN VILAJING AND YOU, THE MAXIMUM RECOVERY THAT EITHER PARTY SHALL RECOVER IS LIMITED TO THE AMOUNT YOU PAID TO VILAJING.  THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOUR INDEMNITY OBLIGATIONS SET FORTH ABOVE.

VILAJING EXCLUDES ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE LINKED TO THE SITE.

INCOME DISCLAIMER

Vilajing in no way guarantees any level of success or income from the use of any Vilajing products or services. Income opportunities depend on an individual’s own efforts, diligence, and skill in creating a total marketing and sales solution around their business.

JURISDICTION | EXCLUSIVE VENUW

Access to and use of the Vilajing Website and these Terms of Use are governed by United States federal laws and the laws of the State of Colorado.  By using the Vilajing Website from anywhere in the World, you agree that any legal action arising out of the relationship you have with Vilajing, your use of the Vilajing Website, User Content or the Vilajing Content shall be filed exclusively in the state or federal court located in Douglas County, Colorado, U.S.A., you agree to submit to jurisdiction of such courts, and you agree to the exclusive selection of such courts as the venue for resolving disputes.

GENERAL TERMS AND CONDITIONS

These Terms of Use and the Privacy Policy constitute the entire agreement between the parties relating to the use of the Vilajing Website and supersede and replace any prior agreement or communication between you and Vilajing. Vilajing shall have no liability to you other than pursuant to these express Terms of Use.

If any part of this Terms of and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.

Vilajing can modify or revise these Terms of Use at any time by updating this posting. Your use of the Vilajing Website on or after the effective date of any such modification or update will constitute your acceptance of these Terms of Use as modified and/or updated. These Terms of Use were last revised on December 1, 2010.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Web Site, Vilajing may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Vilajing does not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. Vilajing has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site. Vilajing has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Vilajing or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available via the Web Site infringes a copyright, you should notify Vilajing using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Vilajing will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Vilajing designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is TeRive, LLC. at 300 E. Miller Court #282, Castle Rock, CO 80104.

Please provide the following notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;

Identify the material on the Web Site that you claim is infringing, with enough detail so that Vilajing may locate it on the Web Site;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

Your address, telephone number, and email address; and

Your physical or electronic signature.

Vilajing may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

SOURCED INFORMATION

This site contains sourced information from other sites on the Internet. No warranty whatsoever is made that any of the content is accurate. There is absolutely no assurance that any information from another source is true, correct or precise. The sources and referenced information on this site have not been verified, nor do they constitute any endorsement or guarantee. The information is provided for informational purposes only. It is your responsibility to evaluate the content and usefulness of materials or information obtained from other sites. We do not take any responsibility for inaccurate data or references.

WEBSITE SERVICE

All websites that are part of the service offered by Vilajing include automatic updates to all WordPress installations and a core set of plugins contained in a central repository. Automatic updates are a service that will provide a greater level of security for every website on the service. Outdated WordPress installations and plugins are key source of infiltration by hackers. Plugins contained within repository may change from time to time without notice. Automatic updates may effect the performance of the website’s, and can cause temporary disruption of service. Vilajing is not responsible for disruptions of service.

WHAT ARE THE WEBSITE OWNER’S RESPONSIBILITIES TO PROTECT THEIR OWN INDIVIDUAL SITES

• UPDATE YOUR PASSWORD – Log into your website’s dashboard and update your admin account’s password to 8+ digits. The best passwords use upper and lower case letters, numbers and special characters (&^%$#*, etc.). You can do that via Dashboard > Users > All Users > Edit on your personal admin account.

USER CONTENT:

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Vilajing services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through Vilajing’s website services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through your website(s). By posting or distributing User Content on or through Vilajing’s website services, you represent and warrant to Vilajing that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the website services, you hereby grant to Vilajing a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and your website(s). Except for the rights expressly granted herein, Vilajing does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

Vilajing exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Vilajing’s computers, network hubs and points of presence or the Internet. Vilajing does not monitor User Content. However, you acknowledge and agree that Vilajing may, but is not obligated to, immediately take any corrective action in Vilajing’s sole discretion, including without limitation removal of all or a portion of the User Content or your website(s), and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Vilajing shall have no liability due to any corrective action that Vilajing may take.

TERMINATION
Vilajing may terminate your access to any Vilajing services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Vilajing or others or cause Vilajing or others to incur liability, as determined by Vilajing in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Vilajing shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Vilajing may charge you for all fees due for the services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, WEBSITES, AND OTHER DATA WILL BE DELETED.