VampirePhone Terms of Use

Effective Date: January 19, 2018

This Terms of Use Agreement ("Agreement") governs the relationship between Mink LLC and users and others who interact with the website located at www.vampirephone.com, including the services offered on or through the website. The term "VampirePhone" shall encompass both the website and the services, and shall also encompass any applications (including, without limitation, mobile device applications) relating to the website and services. By using or accessing VampirePhone, you accept and agree to the terms of this Agreement. Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of VampirePhone. If you do not agree to these Terms of Use, please do not use VampirePhone.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use VampirePhone and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Unauthorized Uses

You will not use VampirePhone to do anything unlawful, misleading, malicious, or discriminatory.

You will not access VampirePhone using automated means (such as harvesting bots, robots, spiders, or scrapers) without our written permission.

You will not copy VampirePhone materials (including, without limitation, by taking screenshots of VampirePhone) without our written authorization.

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not do anything that could disable, overburden, or impair the proper working of VampirePhone, such as a denial of service attack.

You will not facilitate or encourage any violations of this Agreement

Agreement to Report Illegal or Unauthorized Use

If you become aware of illegal or unauthorized use of VampirePhone, you agree to report such use to us immediately.

No Guaranteed Service

We endeavor to provide our users with uninterrupted service. However, we cannot guarantee that our services will be uninterrupted. Nor can we guarantee the delivery of messages and telephone calls.

Disputes

We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to VampirePhone (including, but not limited to, disputes or claims regarding our Privacy Policy) ("Claims") by contacting VampirePhone Customer Support at support@VampirePhone.com. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us or against any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Mink LLC's registered agent, United States Corporation Agents, Inc., at 500 N. Raindow Boulevard, Suite 300A, Las Vegas, Nevada 89107-1061. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

Registration and Account Security

If we disable your account, you will not create another one without our permission.

You will not use VampirePhone if you are under 13.

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

Virtual Currency Payments

Because there is significant financial risk associated with accepting payments in virtual currency, we charge a reasonable premium for such payments. If you choose to make payment for VampirePhone using virtual currency, we will inform you of the exact amount (in virtual currency units) that you will be charged. You alone are responsible for converting that amount to your local currency in order to determine how much, in your local currency, you will be paying. All sales are final and refunds will not be given.

Amendments

We can change this Agreement at any time, if we provide you notice (by posting the new agreement on the VampirePhone website). In order to give users an opportunity to comment regarding changes to the this Agreement, amendments will go into effect 3 days after they are posted to the website. To comment about a pending amendment, send an email to support@VampirePhone.com.

We can make amendments for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of VampirePhone to you, without notification.

Indemnification

If anyone brings a claim against us related to your actions, content or information on VampirePhone, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Disclaimer of Warranties

WE TRY TO KEEP VAMPIREPHONE UP, BUG-FREE, AND SAFE, BUT YOU USE VAMPIREPHONE AT YOUR OWN RISK. WE ARE PROVIDING VAMPIREPHONE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT VAMPIREPHONE WILL BE SAFE OR SECURE. MINK LLC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR VAMPIREPHONE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR VAMPIREPHONE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MINK LLC's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Other

This Agreement makes up the entire agreement between the parties regarding VampirePhone, and supersedes any prior agreements.

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Agreement, it will not be considered a waiver.

Any amendment to or waiver of this Agreement must be made in writing and signed by us, unless the Agreement is amended by us when we post an amended version to the VampirePhone website.

You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.

All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Agreement shall prevent us from complying with the law.

This Agreement does not confer any third party beneficiary rights.

You will comply with all applicable laws, and court rules and policies, when using or accessing VampirePhone.