TERMS OF USE

Last updated December 28, 2020

Please read this document carefully. The terms and conditions stated herein apply to the download, access, and use of the Vyn mobile application (hereafter referred to as “App”) as well as the access and use of the Vyn website http://www.vyn.app (hereafter referred to as “Website”) and constitute a legal agreement in relation to the services provided by Vine, Inc. d/b/a Vyn(hereafter referred to as “we” or “us” or “our”) and you (hereafter referred to as “you” or “your” or “yourself”) and your obligations. As an individual or business entity who voluntarily visits our Website or uses our App (hereafter referred to as “user”), you are bound by both our Terms of Use and Privacy Policy. Please read both our Terms of Use and Privacy Policy in full. We reserve the right to change these documents at any time for any reason. Our App and Website contain links to our most up-to-date Terms of Use and Privacy Policy, which will state the dates we last updated them. Using the Vyn App means you accept our current Terms of Use and Privacy Policy. If you do not agree to our Terms of Use or Privacy Policy, please refrain from using our App. We encourage you to link to our Terms of Use and Privacy Policy each and every time you visit our Website or use our App to check for any updates. It is your responsibility to check for and read thru any updates to our Terms of Use and Privacy Policy as continued use of our App means you are bound by and accept our most recent Terms of Use and Privacy Policy. By downloading, accessing and/or using our App and Website, or interacting with individuals via the App, you agree to our Terms of Use and the collection and use of your information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into these Terms of Use. Please note that our company is based in the United States of America and our Terms of Use as well as our Privacy Policy are based on US standards. If you don’t agree with either our Terms of Use or our Privacy Policy, please delete your User Account / Profile on our App and then delete the App from your device. If you have questions about this process or require assistance, you may contact us thru our App or Website. These Terms of Use apply to our App and Website and does not apply to any third-party website or online or mobile store from which you learned about or installed our App nor any third party involved in the processing or facilitating of payments. Such third parties, which may also collect and use data about you, will have their own terms of use and privacy policies; you should familiarize yourself with their terms of use and privacy policies. We are not responsible for data collected by any such third party nor the manner in which they collect, use, disclose, or store that data. Each time you visit our Website and use our App, you accept that we are not responsible for third-party data collection, use, disclosure, or storage as well as any breach of same.

Submission of Content

Your User Account / Profile is yours and may not be shared with or transferred to another person or entity. It is important that you keep your App login credentials secret. Do not share your login username and password with others, as this could lead to them accessing your User Account / Profile. Should an unauthorized person access your account, we are not responsible for any losses that you may suffer as a result. We do not accept responsibility for any losses or harm resulting from the unauthorized use of your account, whether fraudulently or otherwise. By submitting any content via our Website or App, you represent and warrant that: 1) you are at least 18 years of age; 2) you are the sole author and sole owner of all intellectual property rights thereto; 3) your content is accurate and true; 4) your content does not violate our Terms of Use or Privacy Policy; and 5) your content cannot cause injury to any person or entity. In addition, you further represent and warrant that you shall not submit any content that: 1) is known by you to be inaccurate, false, or misleading; 2) violates any laws or infringes any third party's copyright, trademark, or other proprietary rights or rights of publicity or privacy; 3) may be considered libelous, defamatory, obscene, or hateful, including bias against any group of individuals for any reason; 4) may be considered threatening or harassing to any individual, group of individuals, or entity; 5) references websites, contact details, or other information that seeks to advertise a business or that may be construed as spam; or 6) contains computer viruses, worms, trojans, or other potentially harmful programs or files. You agree to indemnify and hold harmless Vine Inc. d/b/a Vyn and its affiliates, officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers (including but not limited to Google and Apple) from all claims, demands, damages, costs and expenses of every kind and nature, known and unknown, including without limitation attorneys' fees, arising out of any of the following: 1) content submitted by you; 2) your breach of these Terms of Use; 3) your breach of our Privacy Policy; 4) your violation of law; 5) your violation of our rights; or 6) your violation of the rights of a third party. We reserve the right to publish all or any portion of the content you submit via our App or Website. We also reserve the right to delete all or any portion of the content you submit via our App or Website. Limitation of Liability To the extent permitted by law, we are not liable for punitive damages or loss of profits or revenues whether incurred directly or indirectly. We do not guarantee that use of our App and our services will be available all the time or at any particular point in time. Furthermore, we make no warranty or representation regarding the availability of any particular App features or services, which we reserve the right to change at any moment without providing notice to you. You acknowledge and agree that we are under no obligation to provide you with any particular features or services at any point in time and that you assume any and all risk of loss associated with the temporary or permanent loss of App features our services as well as the temporary or permanent malfunction of same.

Severability

Should any part of these terms be held invalid or unenforceable under applicable law, that part shall be interpreted in a manner consistent with the law to reflect our intent and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with the law, that part shall be deemed deleted from these terms without affecting the remainder of these terms.

Waivers of Our Rights

We reserve our right to enforce these terms. Our failure to exercise or enforce any of our rights under our Terms of Use or Privacy Policy, whether deliberate or unintentional, does not waive our right to enforce them. Absent a written legal waiver document signed by us, we shall not waive any rights to enforce the terms and conditions stated in our Terms of Use and Privacy Policy documents or any other of our legal rights.

Dispute Resolution

We endeavor to assist you and our other Users with resolving any issues that may arise. You should contact us any time you need help. We agree to assist you in good faith and you shall respond in kind by attempting to settle any disagreements. In the event we are unable to come to a resolution of issues, you agree to our terms for dispute resolution.

Mediation and Arbitration

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

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