By using and/or visiting this Website (collectively, including all content, services and functionality available through the Voolla.org domain name, “VOOLLA.ORG”, or “Website”, or “Service”), you agree to these Terms of Service (also referred to herein as “TOS” and referred to herein as this “Agreement”). The TOS apply to all users of the Website, including users who are also contributors of photographic, video content, information, and other materials or services on the Website. The Website includes all aspects of VOOLLA.ORG, including but not limited to all content, products, software and services offered via the website.
VOOLLA.ORG is not responsible for the Content of others.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the parties from whom such Content originated. You understand that VOOLLA.ORG does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will VOOLLA.ORG be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that VOOLLA.ORG does not pre-screen or approve Content, but that VOOLLA.ORG shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
VOOLLA.ORG may remove content that violates copyright law pursuant to the procedures set forth in the DMCA.
VOOLLA.ORG recognizes that the Digital Millennium Copyright Act (DMCA) may govern the Content. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please notify VOOLLA.ORG’s agent (“Copyright Agent”) for notice of claims of copyright or other intellectual property violation, at
2080 E. Ocean View Ave., Suite 1a
Norfolk, VA 23503
Please provide our Agent with the following Notice:
a. Identify the material on the VOOLLA.ORG site that you claim is infringing, with enough detail so that we may locate it on the website;
b. 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;
c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner;
d. Your address, telephone number, and email address; and
e. Your physical or electronic signature.
VOOLLA.ORG will remove the infringing posting(s), subject to the procedures outlined in the DMCA including opportunities to submit a counter-notice with information that the posting did not infringe or was authorized by the copyright owner.
Your use of VOOLLA.ORG may not violate the TOS or applicable law.
Your use of VOOLLA.ORG may not in any way violate the TOS or other agreements you have entered into with VOOLLA.ORG, including the Voolla Member Agreement (if applicable).
You agree not to use VOOLLA.ORG to cause damage to, disrupt, or gain access to restricted areas of the Website and that such violations will result in your civil and/or criminal liability. You further agree not to use the Website for illegal activities.
You may not access VOOLLA.ORG except through the interfaces provided by VOOLLA.ORG and you may not access and/or use, or attempt to access and/or use, the Website through any automated means.
VOOLLA.ORG is the sole property of Voolla, Inc. and Voolla, Inc. retains all copyrights, trademarks and other intellectual property located on the Website.
The unauthorized reproduction of any content located on the Website, whether protected by copyright law or not, is prohibited without prior written authorization from VOOLLA.ORG.
VOOLLA.ORG may periodically update this Agreement.
VOOLLA.ORG may, from time to time, make updates to its TOS which it shall post on the Website. Such updated terms shall take effect upon publication to the Website, replacing all previous TOS. If you do not agree to the terms of this TOS, or any updated TOS your sole recourse is to discontinue use of VOOLLA.ORG. By using the Website you agree to the TOS that has been most recently posted to VOOLLA.ORG.
VOOLLA.ORG has limited liability and shall not be liable for the acts of others.
To the extent permissible by law, VOOLLA.ORG shall not be liable in any way for damages suffered by you or third parties, including special, incidental, punitive, indirect, or consequential damages that result from your use of, or inability to use, the Website. VOOLLA.ORG’s liability shall be limited to any amount paid by you to VOOLLA.ORG within the past twelve (12) months.
Unless explicitly stated otherwise, VOOLLA.ORG does not maintain a partnership, sponsorship, endorsement, or a fiduciary relationship of any kind with Content providers or other users of the Website. This agreement is entered into as an arm’s length transaction and VOOLLA.ORG shall not be liable to you or third parties from your use or misuse of the Website, except for such liability as explicitly stated herein.
VOOLLA.ORG makes no guarantee as to the accuracy of representations made by Content providers or other users of the Website.
VOOLLA.ORG will take all reasonable measures to enforce its policies and agreements with respect to Content providers or other users of the Website. VOOLLA.ORG does not have a duty to you to enforce its policies and agreements with non-parties to this Agreement.
VOOLLA.ORG disclaims all warranties.
VOOLLA.ORG DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS TO THE GREATEST EXTENT PERMISSIBLE BY LAW. THE WEBSITE AND SERVICES ARE OFFERED “AS IS”. VOOLLA.ORG MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY OR FITNESS OF THE WEBSITE OR SERVICES OR THAT THE WEBSITE WILL BE FREE OF ERRORS OR OPERATE WITHOUT INTERRUPTION. THERE IS NO WARRANTY OF NON-INFRINGEMENT OR TITLE OF QUIET ENJOYMENT.
Severability. If any provision of this Agreement is or becomes invalid under any applicable provision of federal, state or local law, such invalidity shall not affect the validity and enforceability of any other provisions hereof.
Applicable Law. This TOS is made under and shall be governed by and construed in accordance with the laws of the State of Virginia as well as any other applicable provision of federal, state or local law. The venue for any action to interpret or enforce this TOS shall be in Norfolk, VA.
Waiver. The waiver of a breach of any provision of this TOS shall not operate or be construed as a waiver of any subsequent breach.
Section Headings. The headings used in this TOS are for the convenience of the Parties and have no effect on the terms described herein.