Terms Of Use


Welcome to Vū! Vū is a recommendation and social networking service that delivers personalized content and recommendations based on your preferences and activity on participating web sites, applications and mobile devices, as well as social networking site(s) such as Facebook®, Twitter®, LinkedIn® and/or Google+® (the “Services”). Vū is a service owned and operated by Vu Digital, LLC (“we,” “us,” “our”). Nothing in these terms shall be construed to modify any existing written or online agreements, policies or guidelines you may have as a customer or user of our other lines of business.

Your access to and use of Vū (whether via web-based, mobile application, SMS, email, and/or any other version we may have in the future) is conditioned upon your acceptance of and compliance with these Terms. You agree to accept these Terms of Service by launching, accessing, downloading or other use of Vū. We reserve the right to amend or modify these Terms and any modifications will be effective from the date or posting of such modifications. By continuing to use Vū after any modification, you consent to such modifications.

Vū is not intended for users who are 13 and younger. We do not knowingly collect personal information from children under 13. If we learn that a child under 13 has submitted personal information via use of Vū, we will delete such personal information as soon as possible. If you are 13 years of age but under the age of 18, you must obtain your parent or guardian’s permission to use Vū.

When registering for Vū, you may do so by completing a login process, or through third party services as determined by us such as Facebook®, Twitter®, LinkedIn® and/or Google+®. By connecting to Vū with a third-party service, you give us permission to access and use your information from that service to the extent permitted by that service, and to store your log-in credentials for that service. You will provide information to us regarding topics of interest to you by clicking on the content that interests you on Vū. You may also choose to complete your Vū profile and provide us additional information from time to time regarding your interests and preference, and connect Vū with one or more third party service(s), including but not limited to Facebook®, Twitter®, LinkedIn® and/or Google+®. For more information on the type of information we collect from you and these third-party services, please see our Privacy Policy.

The Services may provide you links or otherwise allow you to access, download and use content, including but not limited to websites, written work, images, artwork, photograph, video, mobile or web-based applications, music, games, tools, or other information or content (the “Links”). You may be subject to other terms by parties not affiliated with Vū, and the terms of service and privacy policies association with use of such Links. You understand and agree that we are not responsible for your compliance with such terms. You are responsible for any and all charges incurred for your download and use of the Links. You also acknowledge that your mobile service provider’s applicable data, streaming and/or SMS text messaging rates may apply to your receipt, correspondence, and or/transmission via the Services. You understand that all such charges are billed by and payable to your mobile service provider, and you agree that we are not responsible for such charges.

The Services provided are based upon the information supplied by its Users (as described above and in the Vū Privacy Policy) and/or our decision to promote certain content during a given time period. We are not responsible for the content of the Links provided, and make no endorsement regarding the suitability of the Links for you, or to the operation, usefulness or efficiency of the Links. The Links to not reflect our views, ideas or opinions, and we do not guarantee, endorse or advocate the statements, personal views or the contents of any of the Links, regardless of the originator of such content. We will assume no responsibility for any content on the Links that may be considered to violate applicable trademark and copyright laws; lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal or otherwise inappropriate or objectionable comments, postings, materials or other content; to violate any applicable state or federal laws, or that a third party could otherwise rely upon to their detriment. We reserve the right but assume no obligation to review and exclude any and all Links for any reason. You agree that by using the Services you may be exposed to Links that may cause offense to you.

We also may provide links to advertising content, as well as offers to participate in certain promotions through third party advertisers. We do not endorse or take a position regarding the content of such content or advertisements, and your visits to such links are done at your own risk. You agree that any correspondence, business dealings, participation in promotions of, or other contact with such third parties or advertisers found on, through or via Vū, including, but not limited to payment, delivery of goods or services, and compliance with other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and advertisers. You agree that we are not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such third parties or advertisers on Vū. We are not responsible for any failure to remove or otherwise edit materials posted to Vū. We may take any action it deems necessary in our sole judgment and discretion, to enforce these Terms.

You are solely responsible for your use of Vū and/or the content provided by you or accessed by you in conjunction with your use of Vū, including the consequences of your use, such as the use of content provided by you to third parties. It is also your sole responsibility to ensure the confidentiality of your name, username, password and email address, as well as the information you provide to third-party services you may choose to connect with Vū, and you understand that we may use or rely upon action taken and that we will not be liable to you or any third party for any actions arising out of resulting from any unauthorized use of same, or any action or failure to act by us under this provision.

You grant us a royalty-free license and right to use, modify, adapt, reproduce, republish, distribute, or display any information, including but not limited to, content, comments, posting, materials, ideas, tips, or suggestions provided by you, whether by email, comment or post (whether on Vū, the Links or third-party sites you choose to connect with Vū to the extent authorized by the relevant site), in its sole discretion and without compensation to you. You further grant us the right to use your name in connection with such above-described uses. You agree that this license includes the right for us to make any such content available to other third parties for their broadcast, publication, distribution or use.

Subject to these Terms, we grant you a limited, non-exclusive license to use Vū for your personal, noncommercial use. We may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, we reserve all other rights and no other rights are granted by implication or otherwise. We may make available software that allows you to access the Service via a wireless device. We do not warrant that such software will be compatible with your wireless device. You are not permitted to modify, disassemble, decompile or reverse engineer Vū, unless this restriction is prohibited by law. You may not rent, lease, loan, resell, sublicense, distribute or otherwise transfer Vū to any third party. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of Vū. You acknowledge that we may from time to time issue upgraded versions of the software, and may automatically electronically upgrade the version of the software you are using. You consent to such automatic upgrading, and agree that the terms and conditions of these Terms will apply to all such upgrades.

THE SERVICES ARE PROVIDED TO YOU “AS IS.” WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO Vū AND ANY MATERIAL OR CONTENT PROVIDED, DOWNLOADED, OR OTHERWISE OBTAINED BY YOU, INCLUDING THE LINKS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE FURTHER DISCLAIM ANY WARRANTIES CONCERNING WHETHER THE SERVICES OR THE LINKS OPERATE PROPERLY OR IN CONJUNCTION WITH YOUR COMPUTER OR MOBILE DEVICE AND/OR HARDWARE OR SOFTWARE, OR OTHER REQUIREMENTS YOU MAY HAVE. WE FURTHER DISCLAIM ANY WARRANTY THAT Vū WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. WE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

WE SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA, BREACH OF SECURITY OF DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE ACCESS, DOWNLOAD, INSTALLATION AND/OR USE OF Vū, THE SERVICES, OR ANY CONTENT ON THE LINKS, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, OR FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY OUR NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. WE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

You agree to indemnify, defend and hold harmless Vu Digital, LLC, its shareholders, and each of their employees, directors, officers, agents, business partners, subsidiaries, affiliates, contractors, and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising out of, or related to, any beach by you of any term of this Agreement or applicable law, your use of Vū or the Links, including, but not limited to, due to any content provided by you.

ARBITRATION: YOU AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN YOU AND VU DIGITAL, LLC, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THESE Vū TERMS OF SERVICE, OR THE SERVICES PROVIDED, INCLUDING ACCESS, DOWNLOAD AND/OR USE OF Vū AND/OR ANY OF THE LINKS USED BY YOU AS A RESULT OF YOUR USE OF Vū WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY VU DIGITAL, LLC, INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF Vū AND/OR ANY LINKS USED BY YOU OR KNOWN TO YOU AS A RESULT OF YOUR USE OF Vū. SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE ARBITRATORS AT A LOCATION IN THE GREATER JACKSON, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND VU DIGITAL, LLC AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.
NOTICE AND TAKEDOWN POLICY:
It is our policy to expeditiously respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. We designed this policy to make submitting notices of alleged infringement as straightforward as possible while reducing the number of received notices that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”).

It is expected that all users of the Services will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, the response to such notices will include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating the user’s account, regardless of whether we may be liable for such infringement under United States laws, state or local laws, or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected content so that a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA may be made. We may also document notices of alleged infringement on which it acts.

Upon receipt of proper notification of claimed infringement, we will follow the procedures outlined herein and in the DMCA.

We have designated the following agent to receive notifications of claimed infringement at the address set forth below:
Vu Digital, LLC
1018 Highland Colony Parkway, Suite 300
Ridgeland, Mississippi 39157
Attn: Wade Smith, MyVu.com
Fax: (601) 974-7274
Email: wsmith@myvu.com
INFRINGEMENT NOTIFICATION:
To file a notice of infringement, provide a written communication by certified U.S. Mail, return receipt requested, that sets forth the information specified in the list below. Email notices will not be acceptable without prior written agreement. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that content is infringing your copyright(s). If you are not sure whether the content at issue infringes on your copyright, please consult an attorney. To expedite the processing of your request, please use the following format (including section numbers):

  1. Identify with sufficient detail the copyrighted work that you believe has been infringed (for example, “The copyrighted work at issue is the “Name of the work” by “name of the artist” which is available at (http://myvu.com)”);
  2. Identify the content that you claim is infringing the copyrighted work listed above. Include identification of the content 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 us to locate the content;
  3. Provide information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. Make the following statement: “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
  5. Make the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
  6. Sign the document; and
  7. Send the written communication to:
    Vu Digital, LLC
    1018 Highland Colony Parkway, Suite 300
    Ridgeland, Mississippi 39157
    Attn: Wade Smith, MyVu.com
    Fax: (601) 974-7274
    Email: wsmith@myvu.com

 
COUNTER NOTIFICATION
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, provide a written communication by certified or registered U.S. Mail, postage prepaid, return receipt requested, that sets forth the information specified in the list below. Email notices will not be acceptable without prior written agreement. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain content infringes the copyrights of others, please consult an attorney. To expedite the processing of your request, please use the following format (including section numbers):

  1. Identify the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
  2. Provide your name, address, and telephone number;
  3. Make the following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]“;
  4. Make the following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. Make the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
  6. Sign the document; and
  7. Send the written communication to:
    Vu Digital, LLC
    1018 Highland Colony Parkway, Suite 300
    Ridgeland, Mississippi 39157
    Attn: Wade Smith, MyVu.com
    Email: wsmith@myvu.com

 

Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that wewill replace the content or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent (identified above) first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
REPEAT INFRINGERS
In accordance with Section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.