TERMS OF USE

 

TERMS OF USE

 

The site www.dittotalk.com  (the "Site") is owned and operated by Vindication Marketing, LLC company

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT FULLY ACCEPT THESE TERMS OF USE, DO NOT USE THE SITE.

Use of the Site. The Site is a general purpose site and is not targeted towards children under the age of 13. By registering an account on the Site, you represent and warrant that you are 18 years of age or older. If we become aware that you are under the age of 18, we will terminate your registration.

 

You may use the Site solely for your personal, non-commercial use. You acknowledge and agree that we do not control the User Content (as defined herein) posted to the Site, or any links to other sites, including the content of any messages or posts, and that we do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibility of those who post such User Content and does not necessarily represent our views. You understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable.

 

You are responsible for maintaining the confidentiality of your account and password information and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

 

Revisions to these Terms of Use. Vindication Marketing, LLC may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms of Use as they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use.

 

Products, Content and Specifications. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item or service purchased from the Site. By placing an order, you represent that the products or services ordered will be used only in a lawful manner.

 

Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate and up to date. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products or services included on the Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In addition, we may make changes in information about price and/or availability without notice. In the event of a pricing error or discrepancy on the Site, we reserve the right to cancel any such orders. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Intellectual Property. The Site design and all text, graphics, information, content and other material displayed on or that can be downloaded from the Site (excluding User Content) are either the property of or used with permission by, Vindication Marketing, LLC or our other service providers and licensors, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are the property of Vindication Marketing, LLC, its affiliates and/or our licensors. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Vindication Marketing, LLC or such third party owner.

 

Restrictions of Use of the Site. By using the Site, you agree that you will not:

Create or maintain any link from another site to any page on the Site without Vindication Marketing, LLC’s prior written permission;

Run or display the Site or any material displayed on the Site in frames or through similar means on another site without Vindication Marketing, LLC ‘ s prior written permission;

Modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose;

Use any robot, spider, site search application or other device to retrieve or index any portion of the Site;

Collect any information about other users, including usernames and email addresses;

Create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with other users' enjoyment of the Site;

Transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site;

Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site;

Submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or

Use the Site or any User Content to violate any applicable local, state, federal or international law.

 

Third Party Links. From time to time, the Site may contain links to sites that are not owned, operated or controlled by Vindication Marketing, LLC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither Vindication Marketing, LLC or any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other site. Neither Vindication Marketing, LLC or any of its affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. If you decide to access any other site linked to or from the Site, you do so entirely at your own risk.

 

Inappropriate User Material. You are prohibited from posting or transmitting any content that:

Is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material;

Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;

Is patently offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or Harasses or advocates harassment of another person.

 

User Content Posted by You. User Content is and will be considered non-confidential and non-proprietary. You are solely responsible for any User Content you post, publish or display on the Site or transmit to users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent. Vindication Marketing, LLC  may, but is not obligated to, monitor or review any User Content. Vindication Marketing, LLC  shall have no obligations to use, return, review, or respond to any User Content.  Vindication Marketing, LLC  will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Vindication Marketing, LLC retains the right to remove any or all User Content for any or no reason. This includes User Content that, in our sole discretion, violates these Terms of Use; is offensive or illegal; or may harm or violate the rights of, or threaten the safety of any user or any other individual or entity. By uploading User Content to the Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

 

Vindication Marketing, LLC and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution.

 

YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER VINDICATION MARKETING, LLC, NOR ANY OF THEIR AFFILIATES, OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER VINDICATION MARKETING, LLC NOR ANY OF THEIR AFFILIATES, OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VINDICATION MARKETING, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VINDICATION MARKETING, LLC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

 Vindication Marketing, LLC does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, or your downloading of any materials or information from the Site.

 

IN NO EVENT WILL VINDICATION MARKETING, LLC OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION, MATERIALS, OR SERVICES CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.

 

Copyrights. If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent at this address:   Vindication Marketing, LLC – 241 W. Federal St, Youngstown, OH 44503

 

PRIVACY POLICY

 

Privacy Policy

 

Introduction

Vindication Marketing, LLC. and its partners (collectively, "VINDICATION") provide this privacy policy (this "Policy") to inform you of: (1) the types of information we collect; (2) your choices surrounding such information; and (3) how we collect, use, share, update and protect such information. This Policy applies to customer information obtained in connection with VINDICATION MARKETING, LLC operations at or through our websites, our mobile sites, our social media presence, our mobile applications, and our stores. For purposes of this Policy, our websites, our mobile sites, our social media presence and our mobile applications are referred to collectively as, our "Websites." Emails, social media, online marketing campaigns and online internet-based advertising are collectively referred to as, our "Internet Marketing Channels."

 

VINDICATION MARKETING, LLC is committed to maintaining your privacy, providing you with information and choices, and permitting you opportunities to correct inaccuracies. If, after reading this Policy, you have questions, comments or concerns, please use the "Contact Customer Service" link below.

 

Information We Collect

With the goal and intention of providing you products and services, and of improving your overall experience, we receive, collect and store information in a variety of ways, including when you visit our Websites or provide information to us. We may also collect information when you: (1) open an account with us; (2) utilize our services; (3) apply for a credit card; (4) make a purchase; (5) apply for a license (e.g., hunting, fishing, etc.) or conduct a similar transaction; (6) contact us via any customer service method; (7) submit any user-generated content (via our Websites or otherwise); (8) participate in customer research, surveys, sweepstakes or promotions; or (9) otherwise communicate information to us.

 

Some of the information we collect is considered "Personal Information." Personal Information includes your name, mailing address, e-mail address, driver's license number, social security number, credit/debit card information (and related payment information) and/or telephone number. We also may collect other information such as permit number(s), credit application information and demographic/lifestyle information (including date of birth, personal interests and product/buying preferences).

The collection of certain types of Personal Information may be necessary and/or required for governmental compliance (e.g., hunting, fishing or firearms licensing or purchasing).

 

Additionally, we may receive, collect and or store Personal Information and other information you provide on behalf of third parties, or third parties provide behalf of you, relating to gift recipients, online registrations, in-store pick-up or registries. We may also receive, collect and store Personal Information and other customer information from sources assisting us with updating, improving and/or analyzing our record or detecting fraud or theft. Additionally, we may receive, collect and store information from various consumer reporting agencies and related service providers.

 

We may also receive, collect and store "Automated Information" through Cookies (as defined below), Web Beacons (as defined below) and other related automated means. "Cookies" are small text files sent to your device as you visit our Websites or utilize our Internet Marketing Channels and saved on your device via your browser or hard drive. We then use Information Technologies (as defined below) to recognize you and your preferences as you return to our Websites or utilize our Internet Marketing Channels. "Web Beacons" (also known as pixel tags) are a form of tracking technology placed within our Websites and our Internet Marketing Channels to monitor and track your visits to certain pages within our Websites, and your interaction with (and the effectiveness of) our Internet Marketing Channels.

Automated Information we collect via Cookies, Web Beacons and other related methods (collectively, "Information Technologies") includes information such as internet protocol address(es), operating system(s) and browser specifics of your device, device characteristics, geographic information, user id(s), and specifics regarding your interactions with (i.e., the path your device takes through) our Websites and our Internet Marketing Channels.

 

Automated Information enables the tailoring of advertisements and offers specifically for you. In addition to such tailoring, we are interested in Automated Information to ensure that our mobile and/or online presence operates properly and efficiently for you and for your individual customer experience, to evaluate the use and benefit of such presence, and to support our Websites and our Internet Marketing Channels.

 

Your Choices

We use, collect and disclose your information consistent with this Policy, as updated from time to time, and you consent to such use, collection and disclosure by your use of our: (1) Websites; (2) Internet Marketing Channels; (3) marketing campaigns; and (4) marketing programs (e.g., loyalty programs).

You may unsubscribe to future e-mail communications by clicking on the unsubscribe link in our e-mail communications. In addition, you may use the methods set forth in the "Contact Customer Service" link below to opt-out or update certain preferences. Regardless of your decision to opt-out of future e-mail communications, we may still contact you regarding transactions and for transactional purposes (e.g., recalls, product information and service/reminder notices).

Based upon your browsing history with us and with other online sites, we may personalize your experience via our Websites and via our Internet Marketing Channels. However, you have choices relating to how your device interacts with our Websites and our Internet Marketing Channels. You can choose to access our Websites without accepting Information Technologies to your device(s), and you can opt-out or modify certain elements of our Websites (e.g., location services) and our Internet Marketing Channels (that are tailored specifically to you and served to you based upon your browsing history). If you choose to so restrict, you may access our Websites, but you will NOT be able to take full advantage of certain Website features. Please note, even if you opt-out of certain online, internet-based advertising, you may still see or receive VINDICATION MARKETING, LLC advertisements on our Websites and other sites, but such advertisements will not be based upon your browsing history.

Additionally, we belong to various advertising networks that utilize your browsing history across various and participating sites to serve you VINDICATION MARKETING, LLC advertisements on such sites. We do not permit such networks to provide your browsing history (including your shopping behavior) on any of our Websites to any other site.

 

How We Use

We do not sell, rent or trade your Personal Information to third parties. We use your information in numerous ways, including:

Fulfilling, delivering and communicating regarding your orders for products and/or services;

Processing credit card applications and payments;

Administering surveys, sweepstakes, contests or promotions;

Registering and servicing your account(s);

Providing customer service;

Conducting research and analysis;

Alerting you to product, service and promotional information, including product recalls;

Helping us to improve, customize and advance our products and services, Websites, Internet Marketing Channels, mailing or marketing campaigns; and

Protecting the security and integrity of our stores, Websites, Internet Marketing Channels and overall business practices.

In doing so, we:

May combine certain Personal Information, customer information and Automated Information collected online and offline, including information collected from third parties;

May transfer or disclose such information within our partners, including affiliates and subsidiaries; and

Will retain such information as needed to provide you products/services, comply with our legal obligations, resolve disputes, and enforce our agreements as we deem reasonably necessary.

 

How We Share

We may share information:

With third party businesses and service providers that assist with our business operations, such as shipping vendors, billing vendors, payment card processors, marketing and research vendors and various companies that work with us to improve or provide our products and services and our data integrity. We do require that such providers keep your Personal Information safe, secure and private, and we require that they not use or disclose your Personal Information for any purpose other than providing the applicable services to us, to you or on our behalf;

As we deem necessary, in the event (or partial event) of a corporate sale (asset or stock), merger, reorganization, change in corporate control, acquisition, insolvency, bankruptcy or similar event;

Specifically, certain Personal Information, in connection with various co-branded, warranty, delivery/assembly and/or financial products or services, including our private label credit card(s);

To comply with applicable law or reasonable request based upon governmental regulation, court order, subpoena or similar related action; and

As we deem necessary to protect the rights, property or safety of VINDICATION MARKETING, LLC, our customers, our associates or others, and to prevent harm or loss or in connection with an investigation or suspected or actual unlawful activity.

 

How We Update

For certain types of information, we may offer you a variety of ways to access or update such information:

If you have a VINDICATION MARKETING, LLC account, log-in to such account via one of our Websites. After securely entering your account, you can easily update your name, e-mail address, password, loyalty card information, billing/shipping address, etc. by entering or revising the information as reflected therein, or you may close your account(s) and request that we no longer use your information to provide you services or products; and

Additionally, utilize the "Contact Customer Service" link at the bottom of any of our Websites. This link will provide you the opportunity to contact VINDICATION MARKETING, LLC via phone, e-mail or U.S. postal mail. Please provide your current and complete contact information with these requests.

 

Please note:

We may refuse requests that are unreasonably repetitive, require disproportionate technical efforts, risk the privacy of others or are extremely impractical;

After closing your account(s), or updating or revising any information within your account(s) or any Information Technologies associated with your device(s), we may not delete residual copies from our servers and may not remove information from our back-up system(s); and

Closing or updating information relating to one VINDICATION MARKETING, LLC account (e.g., a VINDICATION MARKETING, LLC online shopping account) does not guarantee the closing or updating of a separate and different VINDICATION MARKETING, LLC account. If you desire to close or update multiple VINDICATION MARKETING, LLC accounts, please log-in to each specific account to do so, or please contact the correct and applicable Customer Service department associated with each such account.

In our efforts to provide accurate and complete information, we do utilize third party entities to assist us with updating and maintaining current contact information (e.g., National Change of Address or NCOA).

 

How We Protect

Regardless of whether you are shopping or utilizing our services online, via a mobile device or in our stores, we make securing your information a priority, take reasonable measures to protect the confidentiality of your information and appropriately limit third party access to such information.

We use a variety of security measures to protect your online transactions with us. Our Websites utilize encryption technology, including Secure Sockets Layer, to protect your information that we transport across the internet. Your personal online and mobile account(s) with us are protected via password protection and accessed online via such password. We comply with industry standards relating to safeguards for handling and securing customer payment information provided during payment card transactions.

Additionally, we use a variety of security measures to protect your information that we maintain at our facilities. Such information is subject to physical, administrative and technical controls.

Our Websites are "general audience" websites and not geared toward children. In order to protect the privacy of children, our Websites do not knowingly collect Personal Information from children under the age of 13 without express parental consent. If you are a parent or guardian and think we have unauthorized information about your child who is under the age of 13, please use the "Contact Customer Service" link below.

 

Miscellaneous

Third Party Links. Our Websites and our Internet Marketing Channels may link to other sites, many of which have their own privacy policies that we do not control. Be sure to review these privacy policies when visiting such sites. We are not responsible for such third parties' sites.

Privacy Policy Updates. As we grow, develop and change, we may, from time to time, need to update and revise this Policy. Please periodically check this Policy for any updates or revisions.

 

Notices: All notices shall be sent to the following address:

 

Vindication Marketing, LLC

241 W. Federal St

Youngstown, OH 44503

USA

 

REFUND POLICY

Refund Policy

 

 Vindication Marketing, LLC strives to satisfy everyone and if for any reason we can not then we offer a no questions asked 15 day refund. Simply email us that you would like a refund and we will take care of it. Send any requests to [email protected] with the subject line "Refund".

PURCHASE TERMS OF USE

Purchase Terms of Use

 

Please read these Terms of Service carefully. These Terms of Service create an agreement (the "Agreement") between you and Vindication Marketing, LLC regarding your use of DittoTalk services and associated software ("Services"). All users (paid and free) must agree to this Agreement before using the Services. If you do not agree to this Agreement, please click the "Cancel"/"Back" button and do not use the Services.

 

If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.

Requirements for Use

To access the Services, you will need your own computer and high-speed internet access.

Registration

To register, you will need a user name, physical address, email address, password and credit card information (the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Vindication Marketing, LLC of any unauthorized use or breach of your account.

Data, Information and Privacy

You agree that Vindication Marketing, LLC may collect, use, process and store information about you and your use of the Services, including the transfer of such information to the United States and/or another country outside the European Economic Area as well as outside other countries deemed to have adequate data protection laws. You acknowledge that Vindication Marketing, LLC acts only as a passive conduit of such information, and that Vindication Marketing, LLC will not monitor or disclose such information, except as needed to provide the Service or as otherwise required by law. In addition, information that you submit to Vindication Marketing, LLC in connection with the Services will be handled in accordance with our privacy statement. Vindication Marketing, LLC may use information collected by DittoTalk, including technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services.

Your Responsibilities as an Vindication Marketing, LLC User; License to Your Content

Vindication Marketing, LLC will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless Vindication Marketing, LLC from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your violation of this Section 4.

 

You agree not to upload, post, email, store, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by Vindication Marketing, LLC or its affiliates.

 

You agree not to upload, post, email, store, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links," or any other form of solicitation.

 

You agree not to upload, post, email, store, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual's publicity or privacy rights.

 

You agree not to upload, download, transmit, store, or otherwise make available any code or material that harms or interferes with any device, software, network or service.

 

You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).

 

You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.

 

Vindication Marketing, LLC has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.

 

You automatically grant Vindication Marketing, LLC and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, sublicensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in order for Vindication Marketing, LLC to provide you the Services. If you object to any Content on a Services website, your sole remedy is to cease using that website.

Software

You may be required to download and install Vindication Marketing, LLC software ("Software"). In that event, Vindication Marketing, LLC agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by Vindication Marketing, LLC in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Vindication Marketing, LLC are hereby reserved. You agree not to take any action to interfere with Vindication Marketing, LLC's or its supplier's ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by Vindication Marketing, LLC to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and Vindication Marketing, LLC or its affiliates, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.

Availability of the Service

The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. Vindication Marketing, LLC may make modifications to its features or any services to comply with laws and regulations. Vindication Marketing, LLC owns all the proprietary rights and interests in the Services and Services websites.

Suspension or Termination of Your Account

You agree that Vindication Marketing, LLC may suspend or terminate your access to the Services without notice if: (a) Vindication Marketing, LLC determines that you have violated this Agreement or (b) Vindication Marketing, LLC is required to do so by any court or government authority in any country.

 

Vindication Marketing, LLC may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. Vindication Marketing, LLC will issue a refund when appropriate.

 

You agree that Vindication Marketing, LLC has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.

 

You agree to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 3, 4, 5, 7, 10 (as to amounts due and owing), 11, 13, 14 and 17.

Changes to Services and Prices

Vindication Marketing, LLC may discontinue the Service or change the Service or price (including adding and deleting features) without notice. Vindication Marketing, LLC may also add what it refers to as "Cost Features." If you want to add a Cost Feature, please contact the Vindication Marketing, LLC sales department.

Beta Services

Vindication Marketing, LLC may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) Vindication Marketing, LLC makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to Vindication Marketing, LLC's questions and inquiries regarding your use of the Beta Services. You agree that Vindication Marketing, LLC has not made any promises or guarantees that Beta Services will be announced or made available in the future and that Vindication Marketing, LLC has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that Vindication Marketing, LLC may use and incorporate into Vindication Marketing, LLC products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to Vindication Marketing, LLC without compensation. Vindication Marketing, LLC may suspend or terminate access to Beta Services (and delete any Content or data provided to Vindication Marketing, LLC with respect to such Beta Service(s)) at any time, without notice and without compensation.

Payment

You agree that Vindication Marketing, LLC may charge your credit card or bill you for all amounts due and owing for your use of the Services. Vindication Marketing, LLC reserves the right to charge interest at the lower of 1.5% per month or the highest rate permitted by law on any monthly payment (not being reasonably disputed by you) that is not received when due. You agree to notify Vindication Marketing, LLC in writing of any disputed fees within fifteen (15) days from the date that your account is charged. Vindication Marketing, LLC may suspend the Services for non-payment of undisputed fees. Vindication Marketing, LLC is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services.

Copyright Policy Regarding Third Parties

If you believe that Vindication Marketing, LLC or any of its affiliates or any user of Vindication Marketing, LLC has violated a copyright, please contact us at [email protected] for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.

Use of Your Name and Logo

You agree that Vindication Marketing, LLC may use the name, logo and other trademarks or service marks of your company to create a co-branded Services website as part of the delivery of the Services.

No Warranties

To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that Vindication Marketing, LLC and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. VINDICATION MARKETING, LLC AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. VINDICATION MARKETING, LLC AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

Limitation of Liability

YOU AGREE THAT VINDICATION MARKETING, LLC, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF VINDICATION MARKETING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF VINDICATION MARKETING, LLC AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO VINDICATION MARKETING, LLC FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

Changes to this Agreement

Vindication Marketing, LLC may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at: http://www.dittotalk.com. If Vindication Marketing, LLC makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.

Other Legal Terms

17.1    Sometimes when you use the Services, you may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Vindication Marketing, LLC shall have no liability or obligation relating to those services or goods.

 

17.2    Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Vindication Marketing, LLC's Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Vindication Marketing, LLC Marks, or other proprietary information (including images, text, page layout, or form) of Vindication Marketing, LLC without Vindication Marketing, LLC's express written consent. You may not use any meta tags or any other "hidden text" utilizing Vindication Marketing, LLC Marks without Vindication Marketing, LLC's express written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.

 

17.3    You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, (b) laws relating to the recording of communications, including, when required, advising all participants in a recorded Vindication Marketing, LLC meeting or event that the meeting or event is being recorded or that Content or personal information is being transferred outside the European Economic Area, and (c) laws relating to the use of VoIP-based services. It is your responsibility to ensure that you have the right to use the Services where you are located, as well as where your meeting invitees are located. You agree that the use of Vindication Marketing, LLC is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

 

17.4    This Agreement, including the documents referred to in this Agreement, are the entire agreement regarding the Services and completely replace any prior agreements. Vindication Marketing, LLC may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.

 

17.5    Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.

 

17.6    You agree that if Vindication Marketing, LLC does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Vindication Marketing, LLC's rights and that those rights or remedies will still be available to Vindication Marketing, LLC.

17.7    If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.

 

17.8    If located in North America or South America, this Agreement shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions.

 

The actions individual DittoTalk users take can have a big impact on our system as a whole. That’s why all DittoTalk users must follow this Terms of Use Policy in their use of DittoTalk and any other DittoTalk products or add ons, like DittoTeam and DittoTouch. If you violate this policy, we may suspend or terminate your account without refund. We may also suspend or terminate accounts according to our Terms of Use where we see behavior, content, or other factors that poses a threat to our system.

 

Prohibited Content

 

Please don’t use DittoTalk to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

• Emails offering to sell illegal goods or services

• Emails that violate CAN-SPAM Laws

 

 

Sending Subject to Additional Scrutiny

 

We’ve found that certain types of content may cause higher-than-average abuse rates. In general, hard bounce rates should be under 5%, and spam complaint rates should be less than 0.1%. For that reason, we may closely review, suspend, throttle, or disable accounts without refund, that exceed these rates.

 

 

Prohibited Actions

 

We work hard to maintain the positive reputation of our system, but we count on our customers to pitch in too. You may not:

Use any of our links or presentations in conjunction with any automated systems, including auto-responders.

Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. Bulk emails are NOT permitted. For single commercial emails, we define spam as any message that  violates CAN SPAM law.

 

• Put into your Email or Account any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other  content.

• Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.

• Share your password.

• Decipher, decompile, disassemble, or reverse engineer any of our software or Website.

• Use any of the software to create a competing product.

• Import or incorporate any of this information into any emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.

• Upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.

• Send bulk emails, meaning emails directed to a number of individuals with the same content.

 

 

Spam and Best Practices

 

We feel it is our responsibility to be extra vigilant about preventing spam-related abuse. It’s also in our best interest to keep the system clean, because our reputation and deliverability depend on it. For that reason we provide, and may update from time to time, our Policies. You may only use DittoTalk in accordance with these Policies, and we may suspend or terminate your account without refund if you violate them.

 

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