VASTPARK SOFTWARE END-USER LICENSE AGREEMENT
Published: 14 August 2009 | Updated: 10 June 2012
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR VASTPARK WEBSITES
By installing or using the Software you are agreeing to this license agreement.
As an individual, you are provided with free use of this software for personal or educational use.
VastPark is not required to provide free support and bears no liability for the use or misuse of the Software. The Software and services that this Software uses may be updated and features or services may change or be withdrawn.
During the installation process, and at later times, you may be given the option of downloading, installing or via other means receiving additional 3rd party Components (including media content, web pages, web services, virtual worlds and widgets)
from third-part providers and content publishers (including user generated content). The installation and use of those third-party Components may be governed by additional license agreements.
Use of this Software for government or Enterprise purposes requires you to agree to a separate Enterprise Site license or Enterprise Developer license provided by VastPark.
A source code version of certain VastPark projects and software libraries that you may use, modify and distribute is available to you free-of-charge via www.vastpark.org under an OSI approved open source license.
1. YOUR AGREEMENT WITH VASTPARK
1.1 “VastPark’’ means Vastpark Pty Ltd, an Australian company trading in Victoria and VastPark Services Inc., a Delaware Corporation as the context requires;
“Products” means collectively the Free Products and Paid For Products;
“you” or “your” means you, the registered holder of the User Account (as described in section 6.1) and licensee under these Terms.
1.2 VastPark’s software applications, other “VastPark” branded web applications, VastPark cloud services (together the “VastPark Software”) and associated documentation (whether in printed or electronic form) including any improvements, modifications,
enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by VastPark.
1.3 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by VastPark.
1.4 Any additional products or features of the VastPark Software, or other “VastPark” branded products, that you pay for (including products or features which are available for free on a trial basis only) (“Paid For Products”) are provided to
you by VastPark Pty Ltd unless you are an Enterprise customer using the “VastPark” branded products in the United States under license from VastPark, LLC.
1.5 VastPark’s websites (and subdomains) vastpark.com and vastpark.org (“VastPark Websites”) are operated by VastPark.
1.6 Your agreement with VastPark is made up of the terms and conditions set out in this document, together with any Additional Terms referred to in section 14 (collectively the “Terms”). To the extent of any inconsistency between the Additional
Terms and this document, this document shall take precedence.
2. ACCEPTANCE OF THE TERMS
2.1 In order to download and/or use the Software, Products and/or VastPark Websites you must first accept these Terms. These Terms are accepted by you (a) when you click the “I accept the terms in the license agreement” tick box or agree the
Terms; or (b) when you download and/or use the Software, Products and/or VastPark Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or VastPark
in accordance with section 11.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or VastPark Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement
with VastPark or (c) if you are using this software for government or Enterprise work purposes.
2.3 In some countries the Products may be provided to you by VastPark’s local partner. If so, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these
Terms, then the local terms shall govern to the extent of that inconsistency.
3. CHANGES TO THE TERMS
3.1 VastPark may make changes to these Terms from time to time. VastPark will publish the updated Terms at http://vastpark.com/eula.html. The changes will be effective when published or as determined by your local laws but no later than
30 days from when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or VastPark Websites after the date of publication shall constitute
your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with VastPark in accordance with section 11 below.
4.1 License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other
device; and personally use the Software through your individual VastPark or VastPark user account (as applicable) (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the
VastPark Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work, provided that (in either case) if you wish
to use the VastPark Software for government or Enterprise work, you and/or your organization must have a VastPark Business Account or Enterprise license. VastPark reserves all rights not expressly granted to you under these Terms.
4.2 Restrictions. You may not and you agree not to:
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source
code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject
to section 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
4.3 Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you
agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible
through the Third Party Technology and (c) VastPark cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
5. USE OF THE SOFTWARE AND PRODUCTS AND VASTPARK WEBSITES
5.1 Equipment: In order to receive and update the Software and the Products you will need an Internet broadband connection. If You use the Software in a standalone environment, you do not need an Internet broadband connection but you will not
be able to access all related services and features. You are responsible for providing all equipment required to access the Software and the Products or enable communications such as headsets, microphones and webcams.
5.2 Use of Your Equipment: The Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection
between Software users. If your use of the Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent
from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3 Updates to the Software: You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. VastPark has no obligation to make available any Updates. However, VastPark may
in its sole discretion require you to automatically download and install Updates from time to time in order to allow you to use the Software and you agree to accept such Updates subject to these Terms.
5.4 Suspension, technical improvement and maintenance: From time to time, VastPark may need to perform maintenance on or upgrade the Software, Products or VastPark Websites or the underlying infrastructure that enables you to use the Software,
Products or VastPark Websites. This may require VastPark to temporarily suspend or limit your use of some or all of the Software, Products or VastPark Websites until such time as this maintenance and/or upgrade can be completed. To the extent
possible and unless an intervention is urgently required, VastPark will publish the time and date of such suspension or limitation on the VastPark Website in advance. You will not be entitled to claim damages for such suspension or limitation
of the use of any Software, Product or VastPark Website.
5.5 Reports Certain parts of the VastPark Websites or the Software may ask for written suggestions or problem reports such as using our forum (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall
be deemed the property of VastPark. VastPark shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Reports. Any Reports you send to VastPark will not be treated as confidential and VastPark shall not be liable for any disclosure of the Reports.
5.6 Linking You may link to the VastPark Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as
to suggest any form of association, approval or endorsement by VastPark where none exists. You may not frame the Site on any other site. VastPark provides several embeddable applications which you may incorporate into your own personal, non-commercial
website for use in accessing the materials on Websites powered by VastPark Software. VastPark or its licensee may revoke the permission to link to the Websites at any time.
5.7 Content of Communications: VastPark is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content
that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive,
unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate
and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business;
or (v) impersonating another person. VastPark reserves the right (but shall have no obligation) to decide whether any content that you use complies with these Terms. VastPark may in its sole discretion remove such content and/or terminate these
Terms and your User Account if you use any content that is in breach of these Terms.
5.8 Notice and Take-Down If VastPark receives any notification that any material that you post, upload, edit, host, share and/or publish on the VastPark Website or through the Software (excluding your private communications) (“User Submission”)
is inappropriate, infringes any rights of any third party, or if VastPark wishes to remove your User Submission for any reason whatsoever, VastPark reserves the right to automatically remove such User Submission for any reason immediately or
within such other timescales as may be decided from time to time by VastPark in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all
of which are expressly reserved. You acknowledge and agree that VastPark is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including
intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. You can view our DMCA policy atwww.vastpark.com/dmca.html. VastPark reserves the right to ask for verification of your
identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you
acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.9 Quality: VastPark cannot guarantee that the Software, Products or VastPark Websites will always function without disruptions, delay or errors. A number of factors may result in service failure including but not limited to: your local network,
firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. VastPark takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in
any of these items or any other items over which we have no control.
5.10 Changes to Products: VastPark is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations and our development roadmap. Accordingly, you
acknowledge and agree that the Products and functionality of the Software may vary from time to time. If you do not agree with any changes to Software and Products you may terminate your relationship with VastPark in accordance with section
11. You may need to upgrade to a new version in order to enjoy the service and the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may
vary from time to time. Please check the VastPark Website for restrictions that apply to the Products that you are using.
5.11 Unsolicited Ideas VastPark does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited
Feedback”). If you send any Unsolicited Feedback to VastPark through the VastPark Website or otherwise, you acknowledge and agree that VastPark shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
6. YOUR OBLIGATIONS
6.1 User Account. Prior to your first use of the VastPark Software and your first use of the VastPark Software, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard
to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall
keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect
the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. VastPark takes no responsibility for your failure to comply with the
obligations in this section 6.1.
6.2 Lawful Use: You must use the Software, Products and VastPark Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or VastPark Websites.
It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or VastPark Websites where you are located.
6.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, communication or protocols;
(c) send unsolicited communications (also referred to as ‘SPAM’ or ‘SPIT’) or any communication not permitted by applicable law or use the Software for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with
another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software or VastPark Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the VastPark Website;
(h) impact or attempt to impact the availability of the Software for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the VastPark Website. Notwithstanding the foregoing, you agree that VastPark grants to the operators of public search engines
permission to use spiders to copy materials from the VastPark Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VastPark reserves the right to revoke
these exceptions at any time.
6.4 User Submissions Please exercise respect when participating in any features of the VastPark Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the VastPark Websites
or of the VastPark Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the VastPark Websites and/or Software you may be exposed to content that you may find offensive
or indecent and you do so at your own risk; (ii) you are solely responsible for, and VastPark has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the VastPark Websites or through
the Software; (iii) VastPark does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) VastPark is not responsible for any User Submissions that you may have access to through your use of
the VastPark Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. VastPark does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein,
and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize VastPark to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User
Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion
and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission
from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining
the permission of the owner of the intellectual property rights in such content.
Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the VastPark Websites or through the Software (excluding Reports and excluding the
content of your communications) you automatically grant VastPark a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record,
publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trademarks associated therewith, in connection with the VastPark Websites and VastPark’s Software and Products including for the purpose
of promoting or redistributing part or all of the VastPark Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the VastPark Website and/or VastPark’s Software or Products
a non-exclusive license to access your User Submission through the VastPark Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted
You may not submit or publish through the VastPark Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor
or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User
Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain
viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the VastPark Website or Software with respect to their User Submissions. You agree not to circumvent,
disable or otherwise interfere with the security related features of the VastPark Website or Software or features that prevent or restrict the use of any content thereof.
6.5 Your Information: From time to time, VastPark may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.6.6 No Reselling.
The Software and Products are for your individual use. You shall not resell or commercialize the Software and/or Products to any third party.
6.7 Export Restrictions: This license may be subject to all applicable international and national export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or
authority relating to the Product and its use. VastPark is making the Software available to you for download only on the condition that the download is not otherwise in violation of US export control and sanctions regulations.
7. PROPRIETARY RIGHTS
7.1 The Software, Products and VastPark Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the VastPark Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of VastPark, its affiliates
or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without VastPark’s express permission. You may only download and make personal, non-commercial use of User
Submissions available on VastPark websites if a public download link is provided. VastPark reserves all rights not expressly granted in the VastPark Websites.
7.3 VastPark and/or its licensors retain exclusive ownership of the Software, Products and VastPark Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize,
limit or interfere with VastPark’s intellectual property rights in the Software, Products and/or VastPark Websites.
7.4 VastPark™, associated trademarks and logos and the networked tree symbol are trademarks of VastPark. VastPark’s trademarks and trade dress may not be used in connection with any product or service that is not VastPark’s, in any manner that
is likely to cause confusion among customers, or in any manner that disparages or discredits VastPark. All other trademarks not owned by VastPark or any of its related companies that appear on this site are the property of their respective owners.
You are not permitted to and shall not register any trade name, trademark, logo, domain name or any other name or sign that incorporates any of VastPark’s intellectual property (in whole or part) or that is confusingly similar thereto.
8.1 Charges for other Paid For Products: The charges for Paid For Products will be confirmed to you before you complete a purchase from VastPark. VastPark may change the charges payable for the purchase of such Products at any time without any
notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.
8.2 Promotional Offers: From time to time, VastPark may offer Paid-For Products for free for a trial period. VastPark reserves the right to charge you for such Products (at the normal rate) in the event that VastPark determines (in its reasonable
discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
8.3 Tax: 10% GST generally applies if you are located in Australia only. VastPark reserves the right to apply GST or state taxes at the appropriate rate as per government rules applicable at the time of purchase. Other local taxes may apply
in certain countries. When you purchase a voucher depending on the country, local taxes may apply and may be deducted from the value of the voucher upon redemption.
8.4 Third Party Charges: Using the Software on networked or mobile applications will use some of the data allowance available on the data package to which you have subscribed with your network operator. Out-of-country (roaming) usage may lead
to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.1 VastPark Purchases. You can pay for select Paid-For Products using electronic funds transfer, PayPal or using any other payment method made available to you by VastPark.
10. REFUND POLICY
10.1 Withdrawal Right and Refund Request:
(i) Paid-For Products: Subject to section 19.3(d), VastPark will refund any payment made for any Paid-For Products, so long as (a) you have not used or distributed the Product; and/or (b) the Product has not expired or been otherwise used and;
(c) you purchased the Product online directly from VastPark and not a third party. Upon a valid request being received, VastPark will refund to you the amount you paid for the Product on a pro-rata basis minus any reasonable costs incurred by
(ii) Non-Refundable Purchases: No refunds shall be given for (a) Paid-For Products that are paid for and allocated to your User Account by a VastPark staff member or partner; (c) Products purchased via a third party partner of VastPark. Please
contact the partner directly, who may decide in its sole discretion whether or not to pay a refund; (d) Products that are not directly acquired online from VastPark.
(iii) Charged in Error. If you believe that VastPark has charged you in error, you must contact VastPark within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.
10.2 VastPark reserves the right to refuse a refund request and take other steps to protect itself and its users if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund
requests; (b) if you are in breach of these Terms or (c) if VastPark reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
10.3 VastPark may require you agree in writing to terminate your User Account(s) applicable to the VastPark Software and agree to not use the Software, Products and/or VastPark Websites.
10.4 Refund payments will be paid in a manner determined by VastPark.
10.5 This refund policy does not affect your statutory rights.
11. ENDING YOUR RELATIONSHIP WITH VASTPARK
11.1 You may terminate your relationship with VastPark at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or VastPark Websites and cancelling any recurring payments.
11.2 VastPark may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or VastPark Websites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if VastPark reasonably suspects that you are using the Software, the Products and/or VastPark Websites to break the law or infringe third party rights;
(c) if VastPark reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if VastPark reasonably suspects that you are using our Products, Software and/or VastPark Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) if you have purchased VastPark Credit from an unauthorized reseller;
(f) in respect of a particular Product, on thirty (30) days notice if VastPark decides to cease offering that Product;
(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of VastPark’s partners;
(h) on thirty (30) days’ notice if VastPark decides to cease offering the Software to users in your jurisdiction generally.
11.3 VastPark shall effect such termination by preventing your access to your User Account, the Software, Products and/or VastPark Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one
11.4 Consequences of Termination: Upon termination of your relationship with VastPark: (a) all licenses and rights to use the Software, Products and/or VastPark Websites shall immediately terminate; (b) you will immediately cease any and all
use of the Software, Products and/or VastPark Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
12.1 For the purposes of this section 12, "VastPark" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
12.2 Disclaimer of Warranty: THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, VASTPARK HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
12.3 VASTPARK FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR VASTPARK WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS,
NOR DOES VASTPARK WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATION MADE THROUGH THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY
NOT APPLY TO YOU.
12.4 No Liability: EXCEPT AS REQUIRED BY LAW, VASTPARK WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT
OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR VASTPARK WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR
12.5 Limitation of Liability: VASTPARK'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE
EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND DOLLARS (USD) IN ALL CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
12.6 If any third party brings a claim against VastPark in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third
parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold VastPark harmless from and against all damages, liability, loss, costs and expenses
(including reasonable legal fees and costs) related to such claim.
13. THIRD PARTY WEBSITES PRODUCTS AND SERVICES
13.1 Third parties may offer products or services via the Software and/or VastPark Websites, including games, applications, images, files, or avatars. Whilst VastPark takes no responsibility for such products or services, if you encounter any
problems with payment for or download, use of installation of such products or services, VastPark will use commercially reasonable endeavors to assist or resolve the problems. The third party products or services may be subject to the third
for your failure to do so.
13.2 You acknowledge and agree that any third party product information and pricing that is shown on the VastPark Websites regarding third party products and services is given to VastPark by the applicable third party merchant (“Merchant”).
The Merchant has the ability to change their pricing or terminate their product availability at any time. VastPark is not involved in any direct transactions between you and any Merchant whose products and/or services are listed on the VastPark
Websites. VastPark does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions,
delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials
on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the VastPark Websites; (v) links to the Merchants’ websites that are featured on the VastPark Websites. Any questions,
complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
13.3 The Software and VastPark Websites may include hyperlinks to other third party websites. VastPark is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such
third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
14. ADDITIONAL TERMS
14.1 The VastPark Community Etiquette provides guidelines on how to use VastPark and how to treat the other members of VastPark’s community properly and respectfully. Please read these guidelines carefully which form part of the Terms.
14.2 Use of VastCloud API The VastCloud API means one or more of VastPark's cloud service application program interfaces used by the Software to provide the Software functionality for a given platform or operating system, associated documentation
14.3 Software Development Kits Software development kits provided through the VastPark Websites or partner program are subject to their own licensing terms in which case such licensing terms will govern your use of that software.
14.4 Government and Enterprise use of the Software requires an appropriate Enterprise license.
15. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
16. FOR GOVERNMENT USERS ONLY
The Product (including the Software and Documentation) is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set
17. HOW TO CONTACT VASTPARK
17.1 To contact VastPark in relation to the VastPark Software or “VastPark” branded Products, please submit a support request athttp://www.vastpark.com/contact-us.html.
17.2 If you contact VastPark by any means other than as set out in section 17.1, your request may not be acknowledged.
18.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with VastPark.
18.2 Except as required by law, the controlling language of this Agreement is English.
18.3 This Agreement constitutes the entire agreement between VastPark and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of VastPark.
18.4 If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
18.5 The failure by VastPark to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of VastPark’s right or remedy. If VastPark waives a breach of these Terms, this shall not
operate as a waiver of a subsequent breach of the Terms.
18.6 You may assign your rights under this Agreement to any party that consents to and agrees to be bound by these terms. VastPark may, without prior notice, assign these Terms or any rights or obligations under this Agreement without condition.
18.7 This section 18, along with sections, 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
18.8 You acknowledge and agree that if VastPark is unable to provide the Software, Products and/or VastPark Websites as a result of closure, sale or a force majeure event, VastPark will not be in breach of any of its obligations towards you
under these Terms. A force majeure event means any event beyond the control of VastPark.
18.9 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by (a) the laws of the
state of Delaware, USA, excluding its conflict of law provisions for users within the USA; and (b) the Australian state of Victoria for all other cases. Furthermore, you expressly waive all rights to trial by jury for any disputes arising from
or in any way connected with this Agreement. You understand and agree that this waiver is a material contract term.
18.10 This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
19. PRODUCT SPECIFIC TERMS
19.2 User AccountPersonal and traffic data – Members. As a member of a VastPark Community you acknowledge and agree that the administrator of the Community may view detailed information about the activity on your User Account including the time,
date, duration and activities performed by you. If you provide personal data including your name and job title to be included on a Community directory, you acknowledge that other members of that Community may view such data.
19.3 Usage of sites maintained by VastPark(a) Fair Usage. Sites maintained by VastPark are subject to VastPark’s fair usage policy. VastPark reserves the right to change the fair usage policy at any time. Changes shall become effective when
published on the VastPark Website. Your continued use of your subscription after publication of the revised version shall constitute your acceptance to be bound by the terms and conditions of the revised fair usage policy.(c) VastPark reserves
the right to withdraw or change the sites at any time.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.