Terms of Use
Date of latest revision: July 22, 2009
vCardFile.com (hereinafter “vCardFile.com” or “the Service”) is administrated by
Doticus (referred to as "we", “vCardFile.com” or "the Company"). By using or accessing
our website at www.vcardfile.com, or the site’s mobile version (the “Site”) or by
creating, publishing, or sharing your URL/s, you (the "User") affirm that have
read, understood, and agree to abide by these Terms of Use, (the "Terms of Use"
or the "Contract"), whether or not you are a registered member of vCardFile.com.
1. Terms of access and use:
Your registration at vCardFile.com, as well as the use of its services by unregistered
users, is subject to the following conditions which the user agrees to fulfill:
- In order to access the service, the user must be at least 13 years of age, or have
the express permission of his/her parents and/or legal guardians.
- The user must provide true, accurate information upon registration, and by creating
URL’s and vCard Files is agreeing to keep this information updated.
- The user will refrain from creating an account under another person’s name.
- The user affirms, guarantees, and accepts that none of the information published,
transmitted, or shared via the Service infringes on the rights of any third party,
including copyrights, trademarks, privacy, and other personal rights.
- The user agrees to choose a safe, reliable password, and not to share it with anyone.
Under no circumstances will vCardFile.com reveal your password, nor will we request
it via email or any other type of communication. The password is only to be used
to identify the user with the system, and should therefore only be entered into
the website’s forms with that purpose. Your password should never be shared with
third parties.
- The user will not divulge a third-party’s information without his/her consent, especially
if that information concerns URLs or third-party Privacy Codes.
- The user will not use vCardFile.com’s services to send unwanted emails (SPAM) to
third parties, nor use the service to contact third parties without their consent.
- The user will not use the service to download or access a third party’s information
without his/her consent.
- The user will not take actions that threaten, or make the normal use of the application
by other users difficult or impossible. Such actions include, but are not restricted
to: any type of attack on the servers or program users (“hacking”), the abusive
use of certain functions, and/or any other act in general that infringes on the
rights and interests of either vCardFile.com or its users.
- The user will not employ the service to carry out any illegal or criminal acts.
Any user that transmits racist, sexist, xenophobic, violent, offensive, defamatory,
fraudulent, pornographic or illegal material will be automatically banned from the
service.
- The user will refrain from using the service to compile emails or other contact
information pertaining to other users through the Service or the Site, via electronic
means or other, in order to send unsolicited emails, or to establish any other type
of unsolicited or undesired contact with other users.
- The user recognizes and accepts that the Company can, although it is not obligated
to, revise the site, and can eliminate or withdraw (without prior notice, nor the
right to request any indemnification on the part of the user), any content or URL
created by the user, at the Company’s sole discretion, with or without cause, including
that which, in the Company’s judgment, infringes on these Terms of Use, that could
be constituted as offensive or illegal, or that infringes on the rights, or damages
or threatens the safety of the users and other persons.
- Any unauthorized use of the service will result in the automatic suspension of the
offender’s account, without the right to request indemnification by the user, as
well as the application of any corresponding legislation effective in the country
where the Company’s headquarters are located at that time.
2. Exclusion of responsibility:
While we will always try to keep the system free of failures and problems, there
is always the chance that we find ourselves faced with numerous scenarios in which
we cannot be held responsible for any damage that may result from a misuse of the
application. Among others:
- It being the responsibility of the user to choose a reliable password, and to keep
it safe and secure, we cannot be held responsible for any damage resulting from
negligence in this respect. The theft or loss of a password should be communicated
to vCardFile.com as quickly as possible.
- Under the same criteria, choosing a reliable Personal Code and controlling its diffusion
is the obligation and responsibility of the user.
- Given the nature of the service as well as the medium in which it is presented (internet)
vCardFile.com can not guarantee the continuity, reliability, or infallibility of
the site, and therefore is not responsible for any damage caused by problems with
the service (lost of data, crashes, etc.).
- The Company does not guarantee the Site or the servers that it makes available to
be free of viruses or other harmful components, nor does it assume any responsibility
in that respect.
- The data entered into a vCardFile.com account, its URLs, and the files vCard File
generates are the sole responsibility of the user that completes them. vCardFile.com
is not responsible for the veracity of this data.
- The user accepts and understands that upon creating a URL and enabling a Personal
Code, the information that he/she provides for preparation will be available to
anyone that knows the URL and the Personal Code. vCardFile.com does not guarantee
to the user that whoever downloads or accesses this information via the URL is authorized
by the user to do so.
- In no case whatsoever will the Company or its directors, employees, or agents be
held responsible to the user or other third-parties for any damage, be it indirect,
emerging, exemplifying, derivative, special, or punitive, including the loss of
benefits or data derived from your use of the site or the service.
3. Privacy and security of data:
Your privacy and the security of your data are important to us. vCardFile.com will
not sell, rent, or cede your data to third parties without your consent. Only that
data associated with your URL’s will be available to those that access it. If your
privacy worries you, you can reinforce your sensitive information’s security by
it assigning it a personal code. For more information concerning our treatment of
your information, please read our Privacy Policy.
4. Pricing Policy
vCardFile.com reserves the right to change its prices at any time, without prior
notice, for new URL’s, the renovation of pre-existing URL’s, and for any other product
or service it may offer in the future. Any price changes will be effective as soon
as they are published on www.vcardfile.com, and will not be retroactive.
No one that previously acquired a URL will either be negatively affected nor benefit
from the new price, nor will he/she be able to demand changes with regard to their
billing.
If the user should oppose any price changes, he/she may choose, when the URL is
up for renewal, not to renew, and will receive a new randomly assigned URL free
of charge, that will preserve any contact information stored at the previous URL.
In addition, vCardFile.com reserves the right to define, reserve and commercialize
Premium URL’s, at special prices to be set by vCardFile.com and negotiated with
those users interested in acquiring it.
The price of generic URL’s is currently $10.00 (USD), whereas the price of Premium
URL’s varies case by case, and will be provided to the buyer upon solicitation.
URLs randomly assigned by the system are free of charge.
5. Payment Methods
vCardFile.com’s users can pay on-line via PayPal. Using this service a user can pay (in dollars) to generate or renew any URL.
PayPal allows the user to pay via the Internet safely, comfortably, and with no
additional charge using your debit card, credit card, or bank account.
PayPal has been one of the leading online payment options since 1998. For more information
visit https://www.paypal.com.
6. Cancelation of user accounts:
The user can modify or cancel his/her account at any time.
vCardFile.com reserves the right to immediately cancel the account of any user that
violates these Terms of Use, as well as eliminate that user’s URL’s or any other
content or information published on the site. These actions can be taken without
prior notice, and do not afford the user the right to any type of indemnification.
If you think your account has been erroneously cancelled, please contact our service
support center via email at info@vcardfile.com.
7. Identity, Trademark, and Data Property Rights.
URLs with an Usurped Name
Usurping a third party’s personal name in order to personalize a URL is a violation
of vCardFile.com’s “Terms of Use.”
Anybody that usurps a Personal Name without being able to prove that it belongs
to or represents them, is subject to having their account permanently suspended.
Furthermore, anyone who attempts to sell, or receive any type of payment in exchange
for a URL with a third party’s personal name will also be subject to having their
account permanently suspended.
Any account that violates this rule can be eliminated without prior notice, and
have any related URLs assigned to a user that can demonstrate the legitimate ownership
of the name.
What constitutes name usurpation
Some of the factors we take into account when determining what behavior we consider
name usurpation are:
- Creating URLs so as to prevent others from using their own names to personalize
their URLs.
- Creating personalized URLs solely with the intent to sell them to third parties
that feel represented by the personal name used.
- Creating personalized URLs using personal names which the user cannot prove refer
to himself/herself.
- Creating personalized URLs with personal names of third parties that show their
personal information without authorization.
Identity Falsification
Pretending to be another person, or company, whether for entertainment purposes
or with the intent to mislead, is Identity Falsification, and is expressly prohibited
by vCardFile.com’s “Terms of Use.”
A URL can be considered Identity Falsification if it misleads or confuses others.
Any URL determined by vCardfile.com to show a clear intent to confuse or to mislead
will subject that use’s account to permanent suspension.
Personalizing a URL with a sub-domain that is clearly associated with another person
can be considered Identity Falsification.
Trademark Infringement
Creating a URL using the name of a company, corporation, or commercial brand belonging
to a third-party, or a name that misleads or confuses others can be considered a
trademark infringement.
Any URLs created with the clear intent to mislead others or appropriate in any way
the identity or property of a third party can lead to the permanent suspension of
that user’s account, and the reassignment of their URLs to other users.
How do I report a usurpation, falsification, or violation of a trademark?
By sending an email to info@vcardfile.com; don’t forget to mention in the subject
line the type of irregularity you wish to report:
- Usurped Name
- Identity Falsification
- Trademark Violation
In addition, make sure to include the URL in question in your email as well as the
reasons why you think that the name of the sub domain, or the data contained in
the vCard File should belong exclusively to you and not to another user. vCardFile.com
will then proceed to contact the account holder, analyze the case, and keep you
informed of any progress, as well as whatever steps you should follow next. vCardFile.com
will always be willing to investigate and satisfactorily resolve the problem, but
it is not obligated to take any measures against the reported URLs.
8. Intellectual property
The contents of this site are the exclusive property of vCardFile.com, and are protected
by copyright and other intellectual property laws. Unless otherwise noted, all text,
images, and designs published on this site are the property of vCardFile.com and
cannot be copied or distributed in part or in their entirety, without the express
written consent of vCardFile.com. The content received and downloaded via this site
can be viewed, used, printed, or modified for your personal use only, and cannot
be used for commercial purposes. Any unauthorized use of this site’s content constitutes
an infringement of copyright and other intellectual property rights, and may result
in civil and penal consequences for the offender.
9. Changes to the Terms of Use
The company reserves the exclusive right to change, modify, add to, or eliminate
any part of these Terms of Use at any time, and without prior notice. Any such modifications
will be published here in the Terms of Use, with the date of the most recent revision
indicated at the top of the page. If the user continues to use the Service or access
the Site once any such modifications have been produced, he/she will implicitly
have accepted the new Terms of Use. If you refuse to abide by these, or any future
Terms of Use, do not use (or continue to use), nor access (or continue to access)
the Service or the Site. It is the user’s responsibility to regularly check for
and inquire about any modifications to these Terms of Use.
10. Jurisdiction
The resolution of any conflict, controversy, or complaint originating in the use
of the Site, its content, or any of the products and/or services it offers is subject
to the current legislation pertaining to the country where the Company’s headquarters
are located.
Any questions or consultations regarding our Terms of Use should be sent via
email to: info@vcardfile.com