Terms of Service

Introduction

Please read the following terms of service ("Agreement") before you sign-up for the Lasso service. The Agreement constitutes a binding legal agreement, which governs your use of the Lasso technology via any platform or device. By installing the Lasso application, visiting our website or installing or using any of the Lasso technology, you are accepting these terms of service. If you do not agree to these terms, please do not install our application, access our website or use any of our products or services.

Definitions

As used in this Agreement "Lasso technology" means all products or services we provide through our application, software or website. The Lasso technology is owned, licensed and operated by vFlyer Inc. (referred to herein as "we", "us", "our", "vFlyer" or "Lasso"). "Service" shall mean Lasso's bookmarking service, accessible via http://www.lasso.net or another designated web site or IP address, or ancillary services rendered to you by vFlyer, to which you are being granted access under this Agreement, including Lasso technology and the content. The "Content" is audio and visual information, documents, software, products and services contained or made available to you by us in the course of using the Service as mentioned in this Agreement. Any data, information or material provided or submitted by you to the Service in the course of using the Service is referred to herein as "Customer Content". In this Agreement, “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, , know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

The Lasso Service and Technologies

The visual and audio data, listing information and other content that you choose to save may be protected by copyright and other laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content. We respect the intellectual property of others, and we ask our users to do the same. The Lasso technology allows you to store and organize across devices and platforms so that you can access information later that you had the right to access when you saved such content to Lasso. As a condition to your use of Lasso technology, you agree to abide by our Copyright Policy, which is set out in full below, and you further agree not to use the Lasso technology to infringe any intellectual property rights or to circumvent the terms and conditions of any third party’s website or content controls. We reserve the right, at any time, in our sole discretion with or without notice, to remove or disable access to content, terminate the accounts of, and block access to the Lasso technology to, any users who infringe any copyrights or other intellectual property rights or about whom we receive complaints of infringement or other illegal, offensive, or harassing conduct.

License Grant

You may use the Lasso technology and the Service only if you can form a binding contract with Lasso, and only in compliance with this Agreement and all applicable laws. When you create your Lasso account, you must provide us with accurate and complete information. Any use of access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. Lasso hereby grants you a non-exclusive, non-transferable, revocable right to access and use the Lasso technology and Service, solely with supported browsers through the Internet for your own internal non-commercial purposes, subject to the terms and conditions of this Agreement. You may not permit the Lasso technology and Service to be used by or for the benefit of unauthorized third parties. Nothing in this Agreement shall be construed to grant you any right to transfer or assign rights to access or use the Lasso technology and Service. All rights not expressly granted to you are reserved by Lasso and its licensors. If you want to make commercial use of any of the Lasso technology and Service, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon termination of the License for any reason, you will destroy or permanently erase all copies of the Lasso technology and Service.

License Restrictions

Your access to and use of the Lasso technology and Service is subject to this Agreement and all applicable laws and regulations. As a condition of accessing the Lasso technology and Service, you acknowledge and agree that you will not attempt to:: (1) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Lasso technology in any way; (2) modify or make derivative works based upon the Service or the Lasso technology; (3) reverse engineer or access the Service or the Lasso technology in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Service or the Lasso technology, or (c) copy any features, functions or graphics of the Service or the Lasso technology; (4 ) use the Lasso technology or the Service to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (5) interfere with or attempt to interfere with the proper working of the Lasso technology, the Service, any transactions being offered in connection with the Lasso technology or the Service or any other activities conducted by us, disrupt our website or any networks connected to the Lasso technology or Service, or bypass any measures we may use to prevent or restrict access to the Lasso technology or Service; (6) exploit the Lasso technology or Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (7) use any robot, spider, scraper, or other automated means to access our website or proprietary work for any purpose without our prior written permission; (8) use the Lasso technology or Service to collect or harvest personal information about other users of the Lasso technology or Service; (9) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (10) share any videos, articles or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients; (11) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (12) use the Lasso technology or Service, or any other services, products, or downloads available in connection with the Lasso technology for illegal purposes; (13) represent that you are the owner of any of the Lasso technology or Service, including any of its individual files, drawings or documentation; (14) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Lasso technology or Service; (15) incorporate the Lasso technology or Service or any portion thereof into any other program or product; (16) use the Lasso technology or Service for any purpose other than in accordance with the terms and conditions of this Agreement; or (17) copy or reproduce, in any form or by any means, any part of the Lasso technology or Service. We reserve the right to refuse service, terminate accounts or limit access to the Lasso technology and Service in our sole discretion.

Information You Provide

As a condition of access to the Lasso technology and Service, you agree that our Privacy Policy, which is set out in full below, will apply to the information we collect, whether or not you choose to read it, and that any updates to our Privacy Policy will apply to the information we collect, whether or not you choose to read the updated Privacy Policy. Our Privacy Policy and any updates to our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used, is available for your review here.

User Content and Conduct

The Lasso technology enable users to share, save or post information or materials, or to communicate with or otherwise share information with other users or persons. You agree not to share, save, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world. You agree and acknowledge that you are solely responsible for all information which you share, save, submit, publish, display, disseminate or otherwise communicate through the Lasso technology, even if a claim should arise after termination of service. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of vFlyer, whether or not they are the intended recipients. If we ask you to cease and desist from sharing any videos, articles or other content with any third party, or to cease communicating with any third party via the Lasso technology, you agree to comply with such request immediately.

User Content License

Lasso allows you to share or post content, including photos, comments, links and other materials. Anything that you share, post or otherwise make available on our Service is referred to as "User Content". As between you and Lasso, you shall remain the sole owner of all User Content. However, in order to provide you the Service, maintain the Lasso site, and enable functionality, Lasso does need a license from you to use User Content. For example, we need to use your User Content to deliver your saved content to your web browser and the web browsers of those you authorize to view such pages, to cache the pages on our servers and to backup your data. Our contractors and service providers may also need to access your User Content in order to maintain operation of the Service. Therefore, to enable Lasso to provide you the Service, subject to the terms and conditions of this Agreement, you hereby grant to Lasso a non-exclusive right to use, copy, distribute and display such User Content and sub-license such rights, solely in connection with Lasso's operation of the Service on your behalf. You, not Lasso, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Content, and Lasso shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. Upon termination for cause under this Agreement, your access to User Content may be immediately terminated, and Lasso shall have no obligation to maintain or forward any User Content.

Intellectual Property Ownership

vFlyer alone (and its licensors, where applicable) shall own all rights, title and interest, including all related Intellectual Property Rights, in and to the Lasso technology, the Content and the Service and any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Lasso technology or the Intellectual Property Rights owned by vFlyer. The Lasso name, the Lasso logo, and the product names associated with the Service are trademarks of vFlyer or third parties, and no right or license is granted to use, re-use, or re-purpose them. Except as otherwise provided in this Agreement, you retain all right, title and interest to User Content.

Copyright Policy and DMCA Procedure

The information or materials made available on third-party websites may be protected by copyright and other applicable laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. Lasso respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of the Service, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. Lasso will terminate users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Lasso reserves the right to terminate a user upon any single infringement of the rights of others in conjunction with use of the Service, or as otherwise set forth in Section 4 of this Agreement. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at), Lasso will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Lasso's Designated Copyright Agent identified below. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:

NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT

  1. Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed via the Service:
  2. Identification of the material that you claim is infringing (including at a minimum the name of the pages under which such material is available through the Service, if applicable, and the URL of the link shown on the Service.
  3. Your street or mailing address, telephone number, and, if available, email address:
  4. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use).
  5. I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
  6. Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright:

If you are a user who wishes to respond to a Notice of Alleged Infringement of Copyright, please report your counter-notice by providing the following information to the Designated Copyright Agent. Please be aware that legal and financial consequences for bad-faith or fraudulent notifications apply.

COUNTER-NOTICE

  1. Your name, address, and telephone number,
  2. The DMCA ID found at the bottom of your notification,
  3. The source address of the content that was removed (copy and paste the link provided in your notification,
  4. A statement under penalty of perjury that you have a good faith belief that the content was removed in error;
  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located, or if your address is outside the United States, for any judicial district in which vFlyer Inc. may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person.
  6. Your physical or electronic signature.

All claims of copyright infringement and counter-notices under the DMCA should be delivered to the following Designated Copyright Agent of vFlyer Inc.: Aaron Sperling, 548 Market St, Suite 55510, San Francisco, CA94104-5401

Email: copyright@vflyer.com

Privacy

Lasso's privacy policies, which are incorporated herein by reference, may be viewed at Privacy Policy

Security

We care about the security of our users. While we work to protect the security of your content and account, Lasso, cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Third-Party Links, Sites and Services

The content, products and services available via the Lasso technology include materials from non-affiliated third parties. We also participate in joint marketing and other service offerings with third parties and our website contains links to third-party sites. Such third parties may provide you with an opportunity to install the Lasso application or use the Lasso technology from or through their websites or such third parties may request to access or use your Lasso user account or other information so that they can customize the services that they provide to you. For example, if you are on a third-party website, you may be provided with the opportunity to download and install the Lasso application or you may be redirected to our website or provided with access to the Lasso technology. The third parties that contract with us are independent, and are not our agents. Such links are provided for your convenience only. We do not control, and are not responsible for, the content of, or products or services available through, any third-party websites, including without limitation the websites that offer videos, articles or other content that you choose to save to Lasso. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you. If you access any third party website, service, or content from Lasso, you do so at your own risk and you agree that Lasso will have no liability arising from your use of or access to any third-party website, service, or content.

Termination

Any breach of the terms of this Agreement or unauthorized use of the Service will be deemed a material breach of this Agreement. Lasso, in its sole discretion, may immediately terminate your password, account or use of the Service or Lasso technology if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that Lasso has no obligation to refund fees for service or retain the User Content, and may delete such User Content, if you have materially breached this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. The user further represents and warrants that its use of the Service and Lasso technology will be on a non-commercial basis, and that the user will not make use of the Service or the Lasso technology in any fashion that infringes on another person’s intellectual property rights, breaches the terms of any other agreement binding the user, or otherwise breaks any applicable law.

Disclaimer of Warranties

THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY VFLYER INC. AND ITS LICENSORS. VFLYER.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. VFLYER INC. AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Lasso takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Service. Reasonable efforts are taken to improve the accuracy and integrity of the Lasso technology, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. As a registered user in good standing, you may be provided with limited access to the information, materials or other content saved to Lasso. Such access is provided as an accommodation only, and the items you save with Lasso may be deleted at any time and for any reason. We do not warrant, and will not have any liability or responsibility for, your use of Lasso or the products or services we provide. We may also impose limits on the use of or access to certain features or portions of the Lasso technology, for any reason and without notice or liability. User acknowledges that the Service may be temporarily unavailable for scheduled maintenance or for unscheduled maintenance, either by vFlyer or by third-party providers, or because of other causes beyond vFlyer's reasonable control. vFlyer will not be liable for any such unavailability, but vFlyer shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

Limitation of Liability

There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before using the Lasso technology or any website that provides you with access to the Lasso technology.

IN NO EVENT SHALL VFLYER'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL VFLYER AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF VFLYER OR SUCH ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. vFlyer and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited.

Indemnification

You agree to honor copyright laws and all other applicable laws in your use of this service. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, TO THE DEGREE PERMITTED BY APPLICABLE LAW, LASSO.NET, ITS PARENT CORPORATION (VFLYER INC.), AND ALL OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF LASSO.NET OR VFLYER INC., FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, DEBT, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) FROM: (I) YOUR USE OF TO THE SERVICE; (II) YOUR INFRINGEMENT OF THESE TERMS OF SERVICE; (III) YOUR INFRINGMENT OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, VIOLATION OF PRIVACY RIGHTS OR PUBLICITY RIGHTS, AND ANY OTHER CAUSE OF ACTION WHETHER ARISING IN TORT OR CONTRACT, AT LAW OR IN EQUITY; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO ANY PARTY UNDER ANY LEGAL OR EQUITABLE THEORY WHATSOEVER. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS (VFLYER INC., ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND LICENSEES, FROM AND AGAINST ANY JUDGEMENTS, LOSSES, DEFICIENCIES, DAMAGES, LIABILITIES, COSTS, CLAIMS, DEMANDS, SUITS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, EXPERT WITNESS FEES AND EXPENSES) INCURRED IN, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE LASSO TECHNOLOGY, OR ANY OF YOUR OTHER ACTS OR OMISSIONS.

No Assignment

This Agreement may not be assigned, in whole or part, whether by operation of law or otherwise, including without limitation in connection with a merger, acquisition, or sale of assets, by you without the prior written approval of vFlyer. Any purported assignment in violation of this section shall be void.

Governing Law and Jurisdiction

This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, CA. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and vFlyer as a result of this agreement or use of the Service. The failure of vFlyer to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by vFlyer in writing.

Electronic Communications

If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Lasso technology. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification to Terms

vFlyer reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, and without notice, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Entire Agreement

This Agreement comprises the entire agreement between you and vFlyer with respect to your use of the Service and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein; provided however that users of the Professional and Personal Editions of the Service may be subject to additional terms and conditions. In the event of any conflict between this Agreement and such additional terms and conditions, the additional terms and conditions shall govern.

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