April 2011
MUNDUS VULT INC. ("Volopt", "we" or "our") provides the services embodied in the Volopt Website(s) and related
applications subject to the following Volopt Terms of Service Agreement ("Agreement"). This document is a legal
agreement between You, whether personally or on behalf of an entity, ("You") and Mundus Vult Incorporated ("Volopt")
regarding Your access to the Volopt website(s).
Before You can use the Website(s) You must read and accept all of the terms and conditions in, and linked to,
this Agreement. When You click on the "I AGREE" button or access or use any part of the Website, You agree that
You have read, understood, and agree to be bound by the terms of this Agreement. If You do not understand, or do
not agree to be bound or to abide by this Agreement, please do not access the Website(s).
Volopt reserves the right to change this Agreement at any time by posting new Terms of Service on the Website(s).
Your continued use of the Website(s) after the effective date of such changes constitutes Your acceptance of, and
agreement to, such changes.
Definition of Terms
- When these terms are used in the following it is understood they mean:
-
"Website" or "websites" refer to Volopt.com and family of related Volopt and Volo domains
-
"Volopt", "we", or "our" refer to the legal entity Mundus Vult Incorporated, doing business as Volopt.com and the
family of related Volopt and Volo domains
-
"User", and "Users" refer to anyone, registered or unregistered accessing the site and its features
"You" and "Your" refer to You as a user, registered or unregistered accessing the site and its features
1. General
To become a registered User ("User") of the Website(s) please visit
(www.volopt.com) and go to
the register link on the Homepage.
These Terms of Service apply to Your registration and provision of profile and preferences information.
Volopt may in its sole discretion change, modify, suspend, make improvements to, or discontinue any aspect of the
Website(s) temporarily or permanently, at any time and without notice to You. Under no circumstance will Volopt
be liable for any such change, modification, suspension, improvement or discontinuance.
2. User Registration
By registering to become a User, You represent and warrant that the information You provide to Volopt during the
registration process is accurate, and that You will promptly notify Volopt if any of that information changes.
Volopt may use the information that You provide during the registration process, in particular Your email address
to communicate with You about the Website. Other than the information requested during Your registration, Volopt
will never ask You for any information that can be used to identify you. If anyone asks You for such information,
do not provide it. If you receive such a request from someone claiming to represent 'Volopt' or 'Volo' please
contact us immediately at: legal@mundusvult.com.
3. Personal Information on a Public Webspace Forum
Volopt Webspace Forums – any User may ask and/or answer question(s) regarding the use of Volopt. Questions will
be answered by selected members of the Volopt worldwide community and/or a representative of Volopt.
When You contribute to a public area such as an open forum on Volopt or other unrelated Websites, the information
that You submit is available to the general public. We recommend that You do not submit any sensitive information,
including (but not limited to) Your full name, home address, telephone number, or other information that would
enable other Users or anyone reading the public area(s) to which You contribute to identify or locate You.
4. User Representations and Warranties
You are entirely responsible for the content of anything You post on the Volopt Website (collectively, 'Post').
Postings include contributions to Volopt forums and artwork.
When You make a Post, You thereby represent and warrant that:
(a) the distribution, transmission, public display and performance, accessing, downloading and copying of Your
Post does not and will not infringe the copyright, trademark or trade secret rights of any third party;
(b) You have fully complied with any third-party licenses relating to Your Post, and have done all things
necessary to successfully pass through to Volopt's Users any required terms;
(c) Your Post does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive
content;
(d) Your Post is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable,
libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does
not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of
any third party;
(e) Your Post does not amount to trolling, or the making of controversial statements for the sole purpose of
generating responses by others;
(f) Your Post does not constitute, contain, install or attempt to install or promote spyware, malware, or other
computer code, whether on Volopt’s or others' computers or equipment, designed to enable You or others to
gather information about or monitor the online or other activities of another party;
(g) Your Post does not inundate the Website(s) with communications or other traffic (e.g., to 'spam' or contribute
to site overload and 'DNS' issues) that demonstrate no serious intent to use the Website(s) for its stated
purpose; and,
(h) Your Post does not otherwise violate, or link to material that violates any provision of this Agreement or
any applicable law or regulation
Volopt has the right (though not the obligation) to, at Volopt's sole discretion delete any Posts that in Volopt's
reasonable opinion, violate any Volopt's policy, are in any way harmful or objectionable, or are excessive in size
5. Prohibited Activities
You may not access or use the Website(s) for any purpose other than that for which Volopt makes it available.
Certain activities, even if legal, may violate the common rules of etiquette governing Posts, as determined by
Volopt in Volopt’s sole discretion.
6. Intellectual Property Rights
The content on the Website, except for websites contained in Webspaces and all Posts on Webspace Forums, and
the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Volopt,
subject to copyright and other intellectual property rights under United States and foreign laws and
international conventions.
Materials on the Website(s) are provided to You AS IS for Your information and personal use only and may not
be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of the respective owners other
than expressly permitted by Volopt in accordance with its Trademark and logo policies located
at: MundusVult Legal
Volopt reserves all rights not expressly granted in and to the Website(s) and the Marks.
Although Volopt does not claim ownership of the content that its Users post in forums or by submission of
artwork- by Posting, You automatically grant, and You represent and warrant that You have the right to grant
to Volopt and the Users of the Website(s) the right to use the content of Your Post under the
Creative Commons Attribution Share Alike License at
CreativeCommons License
7. Volopt's Right to Manage the Website(s) and Terminate Users
7.1 Volopt’s Website(s) Management.
Volopt reserves the right but does not have the obligation to:
(a) monitor the Website(s) for violations of this Agreement;
(b) take appropriate legal action against anyone who, in Volopt's sole discretion, violates this Agreement,
including without limitation, reporting You to law enforcement authorities;
(c) in Volopt’s sole discretion and without limitation, delete any User’s Post or any portion thereof that may
violate this Agreement or any Volopt policy;
(d) in Volopt’s sole discretion and without limitation, notice or liability to remove from the Website(s) or
otherwise disable all files and content that are excessive in size or are in any way burdensome to Volopt's
systems;
e) terminate repeat infringer's use of the Website; and
(f) to otherwise manage the Website(s) in a manner designed to protect the rights and property of Volopt and
the third party website(s) owners and others and to facilitate the proper functioning of the Website(s).
7.2 Volopt's Right to Terminate Users
Without limiting any other provision of this Agreement, Volopt reserves the right to, at Volopt's sole discretion
and without notice or liability deny access to and use of the website(s) to any person, for any reason or for
no reason at all, including without limitation for breach of any representation, warranty or covenant contained
in this agreement, or of any applicable law or regulation.
8. Term
This Agreement shall remain in full force and effect while You use the Website(s). If Your account remains
inactive for several months, Volopt may delete Your content stored on our servers. Volopt may terminate Your
use or participation at any time, without warning. Even after Your use and participation is terminated, this
Agreement will remain in effect, including sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.
9. Copyright Policy
Volopt may, in its sole discretion, terminate the access rights of any repeat infringer.
If You are a copyright owner or the legal agent of a copyright owner, and You believe that any content on the
Website(s) infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") Notice to MundusVult Legal.
10. Third Party Websites
Volopt has not reviewed, and cannot review, all of the material, including computer software, made available
through the websites and webpages to which the Website(s) links, and that link to the Website(s). Volopt does
not have any control over those non-Volopt websites and webpages, and is not responsible for their contents
or their use.
By linking to a non-Volopt website or webpage, Volopt does not represent or imply that it endorses such
website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your
computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Volopt
disclaims any responsibility for any harm resulting from Your use of non-Volopt websites and webpages.
11. Disclaimers and Limitation of Liability
The following is specific legal information. On the recommendation of Volopt’s legal department this information
be made conspicuous to capture Your attention
LIMITATION OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING
THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM VOLOPT'S WEBSITE(S) IS PROVIDED "AS IS,"
AND VOLOPT, ITS PARENT, DIRECTORS, EMPLOYEES, CONTRIBUTORS, CONTRACTORS AND ITS LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE
FOREGOING, VOLOPT, ITS PARENT, CONTRIBUTORS, DIRECTORS, EMPLOYEES, CONTRACTORS AND ITS LICENSORS MAKE NO
REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT VOLOPT'S WEBSITE(S) IS FREE FROM ERROR OR SUITABLE FOR
ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR
OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT
THROUGH VOLOPT'S WEBSITE(S) AT YOUR OWN DISCRETION AND RISK, AND THAT VOLOPT, ITS PARENT, DIRECTORS, EMPLOYEES,
CONTRIBUTORS, CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING
THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL VOLOPT, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR
ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS
OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF VOLOPT'S WEBSITE(S), OR THE CONTENTS THEREOF OR OF ANY
HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR
OTHERWISE, EVEN IF VOLOPT, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnity
You agree to indemnify and hold Volopt, its parent, subsidiaries, directors, employees, contractors, licensors,
contributors, and affiliates, and their respective directors, officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Your Posts and use of the Website(s), and/or arising from a breach of this
Agreement and/or any breach of Your representations and warranties set forth above and/or if any Post stored
on Volopt's servers causes Volopt to be liable to another.
13. Disputes with Volopt
All disputes arising out of or relating to this Agreement (including its formation, performance, or alleged
breach) or Your access to or use of the Website(s) will be exclusively resolved under confidential binding
arbitration held in Cheyenne, Wyoming before and in accordance with the rules of JAMS (Notwithstanding the
foregoing, Volopt will have the right to seek injunctive relief to enforce this Agreement or to stop or
prevent an infringement of proprietary or other third party rights. In the event of litigation or to compel
arbitration or to enforce an arbitration award under this section, or to obtain an injunction under this
section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the
state and federal courts located in Cheyenne County, Wyoming. This Agreement will be interpreted exclusively
by the laws of the State of Wyoming, United States of America.
14. Other
This Agreement constitutes the entire agreement between You and Volopt regarding the use of the Website(s).
The failure of Volopt to exercise or enforce any right or provision of this Agreement shall not operate as a
waiver of such right or provision. The section titles in this Agreement are for convenience only and have no
legal or contractual effect.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of
this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable
from this Agreement and does not affect the validity and enforceability of any remaining provisions.
15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms of Service by flagging the posting(s) for review, or by sending an email to abuse at
Terms of Service
Mundus Vult, Inc.
E-mail: legal@mundusvult.com