Terms of Service

Last updated: March 14, 2014

You are on the ViralSweep.com website (the Site). By accessing, browsing or using this Site, you acknowledge that you have read, understand and agree to be bound by these Terms of Use (the Terms). If you do not agree to the Terms, you should not use or access this Site. ViralSweep reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review the Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

USE OF THE SITE

You may use the Site only for your own noncommercial personal use and in compliance with the Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity

Posting any information which is untrue, inaccurate or not your own

Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation

Attempting to interfere in any way with the Site’s or ViralSweep's network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

FEES & BILLING

Certain aspects of ViralSweep are provided for a fee. If you choose to use paid aspects of the Service, you agree to the pricing and payment terms below.

ViralSweep may add new services for additional fees, or amend fees and charges for existing services, at any time in its sole discretion. Any pricing changes or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service. ViralSweep reserves the right to change or add new fees, but will provide 30 days advanced notice of these changes via email notifications.

ViralSweep accepts credit cards and will automatically charge your credit card each month or year depending upon which payment option you select.

If your credit card expires during or after your billing period and you continue using ViralSweep, your continued use constitutes authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and up to date. If any fee is not paid in a timely manner, or ViralSweep is unable to process your credit card for the transaction, ViralSweep reserves the right to suspend or revoke access to your account.

Fees will be billed from the date you convert to a paid account on each monthly or yearly renewal thereafter, until you cancel your account. ViralSweep will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your paid account. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

Unless you notify ViralSweep before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee using any credit card or other payment mechanism we have on record for you.

By signing up for a paid ViralSweep account and providing ViralSweep with your payment information, you hereby agree to these payment terms and conditions.

PROPRIETARY RIGHTS

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of ViralSweep or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.

DISCLAIMERS

You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. SPECIFICALLY, BUT WITHOUT LIMITATION, VIRALSWEEP DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ViralSweep makes no warranties of any kind regarding any non-ViralSweep sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and ViralSweep makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-ViralSweep sites. ViralSweep does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

SUBMITTED CONTENT

ViralSweep does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant ViralSweep a perpetual, irrevocable, non-able, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant ViralSweep the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. ViralSweep will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend ViralSweep, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VIRALSWEEP, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF VIRALSWEEP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF VIRALSWEEP, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO VIRALSWEEP IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

INTERNATIONAL USE

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION

ViralSweep may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ViralSweep.com account (if you have one), you may simply discontinue using the Website and cancel your account by contacting us. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

ViralSweep specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. ViralSweep will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please CONTACT US AT: help[at]viralsweep[dot]com