Terms of use

Updated 06/11/2024

TERMS AND CONDITIONS OF USE OF WEB SITE

 

This web site,  Vigilanteapp.com  ("The Vigilante App"), is operated by The Vigilante App Inc. ("The Vigilante App"). The Vigilante Appis a user-generated video content agency that provides a video exchange, video hosting platform and video player. The Vigilante App Provides access to user-generated videos and other content ("Content") via The Vigilante App Site, via The Vigilante App Video player application ("The Vigilante App Player") and otherwise, including through syndication (collectively, "The Vigilante App Service" or "Platform"), under certain terms and conditions as set forth below.

 

ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE

By using the The Vigilante App Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). The Vigilante App Reserves the right, in its discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your use of The Vigilante App Service subsequent to the posting of any change(s) to the Terms of Use will be deemed your acceptance of such change(s).

 

RESTRICTION ON USE OF THE CREATORS COMMENTS, LIVE CHAT & FORUM

The Vigilante App may from time to time offer an online forum, live chat and comments for "Creator Discussions" (the "Forum") where users of the The Vigilante App Service and creators of Content may discuss matters pertaining to the Content and/or the The Vigilante App Service. Your participation in Comments or the Forum is entirely voluntary. As participation may occur in real time and therefore you or others may post something to comments or the Forum that has not been edited, censored or otherwise controlled by The Vigilante App. Notwithstanding the foregoing, The Vigilante App Reserves the right to monitor messages on Comments and the Forum and to remove messages which The Vigilante Appin its sole discretion determines to be undesirable, inciting violence, harmful, offensive or otherwise in violation of these Terms of Use. The Vigilante App is not responsible nor liable for any failure or delay in removing such messages, or for the removal of any messages it deems inappropriate for any reason at its sole discretion.

The following additional rules apply to the Forum:

1. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person or entity. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
2. You may not post or transmit any message that would violate the rights of others, including but not limited to the unauthorized use, publication or disclosure of copyrighted materials, trade secrets or other confidential or proprietary information.
3. You may not post anything that uses trademarks or service marks in an infringing fashion.
4. You may not interfere with another user's use or the functionality of the Forum.
5. You may not post or transmit any message which is abusive, inciting violence, harassing, harmful, hateful, anti-semitic, racist or threatening.
6. You may not post or transmit any messages pertaining to charity requests, petitions for signatures, requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the The Vigilante App Service.
7. You may not post or transmit any advertising or any other solicitation of other users of the Forum for goods or services other than the The Vigilante App Service.
8. You may not use the Forum to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.

You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger.

 

LINKS AND THIRD-PARTY SITES

The Vigilante App Service may provide third-party search facilities, such as Google searches, and thereby produce third party advertisements and/or third party search results., The Vigilante App Services and/or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by The Vigilante App ("Third-Party Site(s)"). The Vigilante App is not responsible for the content of Third-Party Sites. Products and services on Third-Party Sites are the sole responsibility of each individual vendor or operator of such Third-Party Site. The inclusion and/or availability of such links to Third-Party Sites does not imply endorsement of such Third-Party Sites or any content, information, material, products or services provided on such Third-Party Sites, nor does it imply any association with the operators of such Third-Party Sites. Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You will need to make your own independent judgment regarding your interaction with Third-Party Sites. The Vigilante App makes no representations or warranties whatsoever concerning;

1. the information, software or other material appearing on, or accessible through, any Third-Party Site (including without limitation, any advertisement for products or services on any Third-Party Site);
2. the performance or operation of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith and any use by third-parties of user credit card information);
3. any products or services advertised or sold on or through any Third-Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof);
4. the sellers of any products or services advertised or sold on or through any Third-Party Site; or
5. the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites.

If you decide to access any of the Third-Party Sites, you do so entirely at your own risk. If you are accessing a Third-Party Site through a link via The Vigilante AppService, you are advised to read any terms of use and privacy policy of such Third-Party Site before you use such Third-Party Site.

You understand, acknowledge, and agree that where The Vigilante App Player is licensed for use by a third-party, such third-party may be using The Vigilante App Player for certain purposes or to display certain content that is not content owned, controlled, distributed, authorized or endorsed by The Vigilante App.

 

ACKNOWLEDGEMENT OF THIRD-PARTY TERMS

Some The Vigilante App applications may include a feature that integrates streaming capabilities with YouTube and other platforms such as Meta/Facebook, X (formerly known as Twitter), and Twitch. If you stream your content directly to YouTube, you are agreeing to be bound by the YouTube Terms of Service, available at https://youtube.com/t/terms. Access to the YouTube streaming integration feature is conditional upon your acceptance of the YouTube Terms of Service. If you stream your content directly to Facebook, you are agreeing to be bound by the Meta/Facebook Terms and Policies, available at https://www.facebook.com/policies_center/. Other platform terms and conditions may likewise apply. Please refer to those platforms' terms of service for details.

 

PROPRIETARY RIGHTS AND RESTRICTIONS

You acknowledge and agree that all Content and materials available on The Vigilante App Site and/or available through The Vigilante App Service are protected by one or more of intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights, and that t their use is restricted by the terms of this Agreement and applicable statutory and common laws.

The Vigilante App, Vigilanteapp.com, The Vigilante App Player, and The Vigilante App product and service names are trademarks and/or service marks of The Vigilante App Inc. ("The Vigilante App Marks") and are owned exclusively by The Vigilante App. You will not display or use The Vigilante App Marks, in any manner that would constitute infringement of The Vigilante App's rights, without The Vigilante App's prior permission.

Except as expressly authorized by The Vigilante App, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of any Content, including but not limited to video, images, sounds, and text appearing on or via The Vigilante App Service. Systematic retrieval of data or Content from The Vigilante App Service to create or compile, directly or indirectly, a collection, compilation, library, database or directory without prior written permission from The Vigilante App is prohibited. The use of Content or materials appearing on or via The Vigilante App Service for any purpose not expressly permitted in these Terms of Use is prohibited.

 

DISCLAIMER OF WARRANTY

The Vigilante App PLAYER AND DOCUMENTATION ARE PROVIDED "AS IS'' WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Vigilante App FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF The Vigilante App PLAYER AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Vigilante App OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF The Vigilante App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

THE VIGILANTE APP CONTENT POLICIES

The Vigilante App enables creators of Content to submit Content to The Vigilante App Service in accordance with the Agency Options set forth below. Under no circumstances shall the following be submitted to The Vigilante App Service:

1. Content or material which was created by a person other than you, or subject to copyright by a person other than you, without that person's express written authorization;
2. Content or material which includes, in whole or in part, audio, video, text, or images that are subject to copyright by another person unless such inclusion is subject to applicable laws concerning fair use or is otherwise expressly authorized by the copyright holder;
3. Content or material that is subject to any third-party contractual provisions or limitations, including but not limited to license restrictions;
4. Content or material which displays the trademarks of another person without that person's authorization, subject to applicable laws concerning fair use;
5. Content or material that is pornographic, obscene, or of an adult or sexual nature;
6. Content or material that is grossly offensive to the online community, including but not limited to, racism, anti-semitism and hatred;
7. Content or material that;
1. Promotes, supports, or incites violence or unlawful acts;
2. Promotes, supports or incites individuals and/or groups which engage in violence or unlawful acts, including but not limited to Antifa groups and persons affiliated with Antifa, the KKK and white supremacist groups and or persons affiliated with these groups; and/or
3. Promotes or supports entities and/or persons designated by either the Canadian or United States government as terrorists or terrorist organizations.
8. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about any person at any age, including but not limited to personally identifying information about children under the age of 18;
9. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
1. Disseminating personal information about another individual for malevolent purposes, including libel, slander, "doxxing", defamation or violation of an individual's right to privacy.
10. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy, publicity rights, and harm to reputation;
11. Any Content or material that contains links to another website where any of the above-described prohibited Content or material is accessible.
12. Any other Content or material that The Vigilante App in its sole, unfettered, and arbitrary discretion, determines is undesirable on The Vigilante App Service.

The Vigilante App has the sole discretion to decide whether Content or material is permitted on The Vigilante App Service and any materials submitted to The Vigilante App Service may be, but is not necessarily, examined by The Vigilante App before it is made available on The Vigilante App Service. You acknowledge that The Vigilante App has the absolute right (but not the obligation) to prohibit, refuse, delete, move and edit Content and material for any reason, in any manner, at any time, without notice to you.

You should also know that in visiting The Vigilante App Site or viewing Content via The Vigilante App Player or otherwise, you may be exposed to materials which you consider to be offensive or inappropriate and you assume the risk and sole responsibility for your exposure to any such Content or material.

To report content that violates our policies, please email Contact@VigilanteApp.com 

 

COMPLAINT PROCEDURE

To report Content you believe violates The Vigilante App's policies, please email Contact@Vigilanteapp.com . Please use the word "Complaint" in the subject line, and include the following information in your email:

1. Your name, email address and, if you are a registered user, your user ID.
2. The basis of your complaint (provide as much detail as possible).
3. If your complaint concerns the activities of other users/visitors on the The Vigilante AppSite, identify the specific type of inappropriate or offensive behavior engaged in and, insofar as possible, the identity of the offending person.
4. If your complaint concerns particular Content, please provide the URL for the video that is the subject of your complaint, timestamps within the video where the alleged violative Content appears, and the reason for your Complaint.

A customer service representative will endeavor to respond to your email and if, in The Vigilante App's determination, your complaint is a valid one, The Vigilante App will take appropriate actions in its sole discretion, and has no responsibility to at any time report to you as to the status or outcome of its investigation or any actions The Vigilante App has taken as a result.

PUBLISHING AND DISTRIBUTION OF CONTENT VIA The Vigilante App SERVICE

The Vigilante App may, but is not obliged to, have your Content published and displayed through various media channels and in various formats via The Vigilante App Service, in its sole commercial discretion based upon the Agency Option which you select. The Vigilante App reserves the right to decline or reject any Content submitted to The Vigilante App Service.

 

INTELLECTUAL PROPERTY

You affirm, represent, and warrant that you have the legal right to submit the Content to The Vigilante App Service, that you have all necessary right and authority to appoint The Vigilante App as your Agent in accordance with the selected Agency Option as described herein, and that you are legally entitled to enter into the Agency Agreement.

You further represent and warrant that any Content submitted does not contain third party copyrighted material, or material that is subject to other third party proprietary, intellectual property or contractual rights or interests, unless you have express written permission from the rights holder of the Content to enter into this Agreement. In the event you claim to have been granted such rights from a third party, you agree to furnish evidence of the same in writing forthwith upon request by The Vigilante App. You are required to obtain such written permission before submitting such Content to The Vigilante App Service. Such written permission must not be limited in any way, shall be exclusive, and shall remain in effect for the duration of this Agreement.

Any infringement or other violation of a third party's rights with respect to the Content submitted by you to The Vigilante App Service and which has been identified as such by The Vigilante App or by a third party, may immediately and without notice to you result in the removal of such Content. It is The Vigilante App's strict policy to comply with all applicable intellectual property laws and regulations of which it is aware. You hereby agree to defend, indemnify and hold harmless The Vigilante App, its agents, employees, contractors, directors, officers, and shareholders, as to any allegations, demands, claims, investigations or disputes arising from your submission of Content to The Vigilante App and/or monetization of your Content, insofar as it relates to any infringement or violation of the intellectual property rights, proprietary rights, contractual rights, or other rights of a third party.

You acknowledge and agree that except for the Assignment Option discussed below, this Agency Agreement does not assign ownership of any copyright for or in the Content to The Vigilante App, and that all payments made to you pursuant to this Agreement are amounts earned by you from the monetization of your Content, less expenses and The Vigilante App's Agency Fees (as defined below) and are not royalties or license fees. If you receive payments from The Vigilante App as the person authorized by the creator or rightsholder to retain The Vigilante App as Agent, you indemnify and hold harmless The Vigilante App from and against any claim by the creator or rightsholder in respect of your receipt of such payments and in respect of The Vigilante App's Agency.

COLLECTION OF EARNINGS

As Agent, The Vigilante App is authorized to collect any applicable earnings ("Earnings") derived from the publication, licensing, display and/or other use (collectively, the "Use") of your Content on your behalf pursuant to this Agreement. The Earnings payable to you after deducting applicable amounts are referred to herein and defined as the "Creator Earnings".

Creator Earnings are calculated by applying the applicable Agency Fee (see table below) to the Earnings and then deducting any applicable third-party processing fees, administrative fees, and/or any amounts that may be due to a The Vigilante App publisher/syndication partner, hosting costs, taxes, defensive litigation costs, exchanges rates, and/or any other direct costs (collectively "Other Fees and Costs"). Notwithstanding, The Vigilante App reserves the right to apply the Agency Fee and/or abstain from deducting Other Fees and Costs in a manner that it determines is appropriate in its sole discretion, but in any case not in a manner that reduces the amount of Creator Earnings payable to you as currently set forth herein.

Agency Fees:

As used herein:

Programmatic Advertising revenue stream means advertising revenues generated from users watching video Content on the Platform.

Sponsorship (including Host-Read) Advertisement revenue stream means advertising revenue generated from a Content creator performing an advertisement placement within their Content.

Licensing revenue stream means revenue generated when exclusivity has been authorized to The Vigilante App to license Content to other platforms.

Tipping/Donation revenue stream means revenue generated from users contributing a fixed dollar amount in return for their message being promoted by a creator during the creator’s Content stream.

Pay-Per-View revenue stream means revenue generated by Content creators making available pay-per-view video Content for viewing by their audience for a limited time or on a one-time basis.

You understand that, from time to time, The Vigilante App may change and/or add additional revenue streams and change and/or add additional Agency Fees. In the event of any such changes, this Agreement will be updated accordingly, and the most recent version of this Agreement will apply to The Vigilante App’s Use of your Content and the collection and payment of any Earnings hereunder.

All payments to you of Creator Earnings will normally be remitted to your The Vigilante App account thirty (30) days after the month in which The Vigilante App receives payment on your behalf from third parties for the Use of your Content.

If an upfront payment amount is provided for under this Agreement, the entire amount indicated will be issued to your The Vigilante App account. Your future Creator Earnings will be applied against this upfront payment until the upfront payment amount is fully utilized.

The first month for which payment is to be made shall: (a) begin on the first day of the month following the month of execution of this Agreement; and (b) include the portion of the month of execution following the Effective Date (unless this Agreement was executed on the first day of a month, in which case the month shall be deemed to begin on the first day of such month).

Under certain circumstances, third parties may make payments to The Vigilante App that do not associate Earnings with the Use of specific Content. In this event, The Vigilante App will make commercially reasonable efforts to identify the Creator Earnings due to you for the Use of your Content. If, after 24 months from the date of payment by a third party, The Vigilante App has not been able to identify Earnings to the Use of specific Content, The Vigilante App reserves the right to retain all such payments.

 

EARNING PAYMENT REDUCTIONS / SET-OFFS

Payments may be subject to reduction to offset bad debts, refunds and other charge-backs relating to Use of your Content within sixty (60) days of the payment to which the bad debt, chargeback or refund relates.

 

LIABILITY

The Vigilante App does not in any way endorse any Content submitted, including any opinion, recommendation, claims, advice or position expressed therein, and The Vigilante App expressly disclaims all liability in connection with the Content and its publication. For the purposes of the Digital Millennium Copyright Act or similar legislation or regulations, all Content is considered user-generated content and The Vigilante App's capacity as Agent is not Content owned by The Vigilante App(unless expressly assigned to The Vigilante App under the terms of this Agreement) or uploaded by The Vigilante App.

In order to submit Content to The Vigilante App you acknowledge that you are solely responsible for what is submitted and indemnify and hold The Vigilante App harmless from any and all claims arising from a breach of your representations, warranties, and covenants as set out in this Agreement, and also indemnify and hold The Vigilante App harmless from and against all third party claims with respect to the Content and acting as Agent in respect of the Content.

 

The Vigilante App PUBLISHER ACCOUNT

If your account qualifies for a The Vigilante App Publisher account, any activity on The Vigilante App Player using the Monetized Embed Code will apply to your account as follows: as used herein, "Net Advertising Revenues" means aggregate amounts collected by The Vigilante App arising from the license or sale of the pre-roll, mid-roll, post roll or overlay advertisements included within The Vigilante AppPlayer less any amounts due for hosting, taxes, litigation costs, exchange rates, and any other direct costs. The Vigilante App shall retain all amounts derived from all other advertisements, promotions, links, pointers and similar services or rights. The Vigilante App Publisher is entitled to the Net Advertising Revenue less an Agency fee equal to 50% payable to The Vigilante App, within thirty (30) days following the end of each month whenever a The Vigilante App Publisher uses The Vigilante App Monetized Embed Code. Analytics will be directly reported into the Publisher Dashboard within your The Vigilante App account.

 

PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

To file a copyright infringement notification with us relating to Content on The Vigilante App Player, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite our ability to process your request, such written notice should be sent to our designated agent as follows:

Service Provider(s): The Vigilante App Inc.

Name of Agent: James C. 

Email: Contact@Vigilanteapp.com 

If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from The Vigilante App, we suggest that you email us at contact@Vigilanteapp.com with the subject as "ONGOING DMCA" where we increase the speed at which we are able to remove any infringing content on The Vigilante App And also offer industry-leading content identification tools and personal management for your requests.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Claimant information will be published on The Vigilante App site at any time.

 

COUNTER NOTIFICATION

If you believe that material you posted has been removed in error, you should send to our Copyright Agent, using the contact information listed above, a counter notice that includes the following:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of, at The Vigilante App's discretion, in the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States and that you will accept service of process by mail from the person who provided notification of copyright infringement, or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

 

PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY

If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on the The Vigilante Appsite, you may notify  Vigilanteapp.com . Please email Contact@Vigilanteapp.com  so we can investigate the matter further.

 

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS'' AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. The Vigilante App, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL The Vigilante App, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF  Vigilanteapp.com  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, The Vigilante App'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to indemnify and hold The Vigilante App, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. The Vigilante App reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with The Vigilante App in asserting any available defenses.

 

COMPLIANCE WITH APPLICABLE LAW

You agree to comply with all applicable laws with respect to your use of The Vigilante App Service. Without limiting the foregoing, you acknowledge and agree that The Vigilante App makes no representation that materials on this Site or accessible via the The Vigilante App Service are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or The Vigilante App Service from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use The Vigilante App Service in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and The Vigilante App shall not have any liability with respect to such use.

You further agree to comply with all state, provincial and/or federal regulations with respect to the Content you upload to The Vigilante App, including those regulations related to accessibility (e.g., closed captioning of Content where required by law).

 

CHOICE OF LAW AND FORUM

These Terms of Use and the Agency Agreement, shall be governed by and construed in accordance with the laws of the Province of Ontario or, at The Vigilante App's discretion, the federal laws of the United States, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Agency Agreement, or your use of the The Vigilante App Services, shall lie only in the Ontario Superior Court of Justice at Toronto, or at The Vigilante App's discretion, in the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and The Vigilante App with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and The Vigilante App with respect to The Vigilante App Service or the Agency Agreement. If any part of these Terms of Use or Agency Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. Or if that portion is not susceptible to such construction, it shall be replaced with a provision that is consistent with applicable law and which reflects, as nearly as possible, the original intentions of the parties. In either event, the remaining portions remain in full force and effect.

 

TERMINATION

The Vigilante App reserves the right, in its sole discretion, to terminate your access to The Vigilante App Service, with or without notice, for any reason, including, without limitation, if The Vigilante App Believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Agency Agreement. This includes The Vigilante App's right to terminate your ability to upload videos, post comments, collect revenue or any function available via the The Vigilante App Service.

The Vigilante App Has a zero tolerance for any violation of Content Policies and/or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of The Vigilante App.

You acknowledge and agree that The Vigilante App shall not be liable to you or any third party for any termination or suspension of your access to The Vigilante App Services.

 

HOST-READ ADVERTISEMENTS

Without limiting anything else contained herein, if you read host-read advertisements ("Host-Read Ads") during the performance of your Content, you agree to comply with the following additional terms and conditions:

1. The content and script of the Host-Read Ad(s) shall be determined by the advertiser.
2. You are obligated to read a Host-Read Ad in the form, manner, frequency, and schedule as determined and agreed between The Vigilante App and the advertiser and notified to you in writing ("Host-Read Ad Requirements").
3. The Vigilante App may review your performance of the Host-Read Ads to confirm that they have been performed in accordance with the Host-Read Ad Requirements. It is in The Vigilante App’s sole discretion to decide if the Host-Read Ad Requirements have been met. To the extent any Host-Read Ads have not been performed in accordance with the Host-Read Ad Requirements, as determined by The Vigilante App in its sole discretion, without limiting any other rights of The Vigilante App Hereunder or at law, The Vigilante Appmay (i) withhold funds otherwise payable to you on a pro-rata basis or in their entirety and/or (ii) seek a refund of funds previously paid to you to the extent the advertiser seeks a refund from The Vigilante App For any such non-conforming Host-Read Ads.
4. You shall adhere to and comply with all applicable laws, rules, regulations, statutes, and ordinances in your performance of Host-Read Ads. Without limiting the foregoing, you agree to adhere to and comply with all applicable requirements of the United States Federal Trade Commission’s ("FTC") advertising regulations governing endorsements, testimonials, and disclosures of material connections. For the avoidance of doubt, if applicable, you will include FTC-compliant disclosures in or around the Content in relation to any material connection with an advertiser. Further, you will not endorse any product or service in violation of the FTC regulations, including providing endorsements that suggest you use a product or service that is the subject of the Host-Read Ad if in fact you do not use any such product or service.
5. The Vigilante App shall not be liable or responsible for anything said in the Host-Read Ad(s) or any action or in-action taken by any third party in response thereto. In addition, you understand and agree that all Host-Read Ad(s) are provided on an "AS IS" or "AS AVAILABLE" basis and The Vigilante App makes no warranty or representation that such Host-Read Ad(s) will be available, delivered, or work properly.
6. The Vigilante App Makes no promise, guarantee, representation, or warranty as to the revenues that will be generated by the Host-Read Ad(s) or as to Creator Earnings that you may be entitled to receive in relation thereto.
7. You agree to indemnify, defend and hold The Vigilante App, its agents, advertisers, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, demand for payment, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from (i) your performance or non-performance of the Host-Read As(s) and/or (ii) your breach of any term hereof.

 

CONSIDERATION AND AGREEMENT

You agree:

1. that there is legally sufficient consideration for this Agreement and for the rights granted and obligations undertaken by the parties herein;
2. that this Agreement is a legally binding contract between you and The Vigilante App;
3. that you are entering into this Agreement knowingly and willingly, and
4. that your submission of this Agency Agreement to The Vigilante App electronically constitutes your electronic agreement, such that this Agency Agreement becomes binding upon submission.