1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Volterman, Inc., a Delaware corporation (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your use of: (a) each of the products of the Company, including any technology and functionality offered on or through these products, as well as the mobile application (the “App”) to which the products connect (collectively, the “Products”, and each, a “Product”); (b) your access to and use of the Company website www.volterman.com and subdomains (collectively, the “Site”) whether as a guest or registered user; and (c) your access to and use of other online and offline platforms of the Company, such as its social media account pages on Facebook, Instagram, Twitter, Pinterest, LinkedIn (collectively, the “Platforms”).  The Products, the Site, and the Platforms, collectively, “Volterman Services”

Please read the Terms of Use carefully before you start to use or access Volterman Services. By using or accessing the Volterman Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at this link, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Volterman Services.

You represent that you are at least 18 years old.  By accessing or using the Volterman Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements for this. If you do not meet all of these requirements, you must not access or use the Volterman Services.  We will not knowingly give access to or allow use of the Volterman Services to persons under the age of 18.  Any access to or use of the Volterman Services on the Platforms shall also be governed by the respective terms of use and privacy policies of the online and offline platforms which host such Platforms.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our website at www.volterman.com.

Your continued use of or access to the Products and/or the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

3. Volterman Services

We reserve the right to withdraw or amend the Volterman Services, and any content, functionality, and services we provide, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of the Volterman Services is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of the Volterman Services at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice.

To access the Volterman Services or some of the resources it offers, including upon purchase of the Product(s), you may be asked to provide certain registration details or other information, including in relation to setting up a user account. It is a condition of your use of the Volterman Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with the Company or otherwise is governed by our Terms of Use, including the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Use, including the Privacy Policy.

If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Volterman Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Internet services are available to you under the Contract for the provision of Internet access services provided to Volterman by Ucom.

 

4. Intellectual Property Rights

The Volterman Services and its entire contents, features, functionality, and Technology (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Volterman Services, transcripts of any chat rooms, avatar profit information, trade secrets, and the client and server software), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree that you have no rights or title in or to any content that appears in the Volterman Services. As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material.

You agree to fully and exclusively assign to us upon creation, with full and exclusive ownership rights, any intellectual property or other tangible or intangible rights, interest, or title that you have or may have toward such content. You further agree to waive any and all causes of action against us that you may have in regards to any right, interest, or title that cannot be assigned to us in accordance with these Terms of Use.

These Terms of Use permit you to use the Products and other Volterman Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Volterman Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Volterman Services in breach of the Terms of Use, your right to use the Volterman Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Volterman Services or any content related to the Volterman Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Volterman Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

5. Prohibited Uses

You may use the Volterman Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Volterman Services:

      1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

      2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

      3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;

      4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

      5. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and

      6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Volterman Services, or which, as determined by us, may harm the Company or users of the Volterman Services or expose them to liability.

Additionally, you agree not to:

      1. Use the Volterman Services in any manner that could disable, overburden, damage, or impair the same or interfere with any other party’s use of the same, including their ability to engage in real time activities through the Volterman Services;

      2. Use any robot, spider or other automatic device, process or means to access the Volterman Services for any purpose, including monitoring or copying any of the material on the Volterman Services;

      3. Use any manual process to monitor or copy any of the material on the Volterman Services or for any other unauthorized purpose without our prior written consent;

      4. Use any device, software or routine that interferes with the proper working of the Volterman Services;

      5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

      6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Volterman Services, the server on which the same are stored, or any server, computer or database connected to the same;

      7. Attack the Volterman Service via a denial-of-service attack or a distributed denial-of-service attack; and

      8. Otherwise attempt to interfere with the proper working of the Volterman Services.

We also do not recognize and cannot be forced to recognize the transfer of user accounts. You may not purchase, sell, gift, or trade any user account, or offer to purchase, sell, gift, or trade any use account, and any such attempt shall be void. We cannot assume responsibility for any such transaction.

6. User Contributions

The Volterman Services may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards, network-creation functions and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users, other persons, or to us (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Volterman Services or on websites, social media platforms, or other online platforms related to the Volterman Services (including, without limitation, social media pages opened by us in relation to the Volterman Services).

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns an irrevocable, perpetual, worldwide, non-exclusive, unlimited, royalty-free and fully paid, sublicensable through multiple layers of (sub)licensing, transferable license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose at our sole discretion.

You represent and warrant that:

      1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors and assigns; and

      2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Volterman Services.

We may or may not backup User Contributions, and we cannot guarantee that the User Contributions will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

We may or may not back up the status, condition, and/or other personal features the Volterman Services, your User Contributions, and/or your user account, and we cannot guarantee that the same will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.