Terms and Conditions

Terms of Service
TERMS AND CONDITIONS OF USE

1.     Acceptance

These Terms and Conditions of use constitute a legally binding agreement (“Agreement”) between you and Produk Inc. d/b/a Vyrill.com (“Vyrill”, “we”, “us” or “our”) that governs the use of this Website. In this Agreement, the term “Website” includes all Web pages and other content available at or through www.Vyrill.com, the Vyrill mobile application, and any replacement, substitute or backup Websites and Web pages controlled, owned or operated by or on behalf of Vyrill. Additional policies and terms (such as our Privacy Policy) may be posted on the Website that apply to its use. Any such additional policies and terms are incorporated into these Terms and Conditions of use and form part of your Agreement with us. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Vyrill on the Website, shall constitute the entire Agreement between you and Vyrill.

As used in this Agreement, the words “use” and “using” mean an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, accessing, operating, displaying, viewing, printing, or copying any content of our Website, transmitting, receiving, or exchanging data or otherwise communicating with our Website, in any way utilizing, benefiting from, or otherwise interacting with our Website, or attempting to do any of these activities.

If, for any reason, you do not agree with all of the Terms and Conditions contained in this Agreement, please discontinue accessing and using this Website immediately. By using or attempting to use this Website, you agree that you have read, understand, and accept the terms and conditions of this Agreement and you agree to be legally bound by them.

Vyrill reserves the right to terminate this Agreement, or to refuse, restrict, or discontinue service or access to the Website (or any portions, components, or features of the Website) to you or anyone else, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with the Terms and Conditions of this Agreement may, among other things, result in the immediate termination of your access to and use of the Website.

Vyrill may update these Terms & Conditions, as well as the Privacy Policy referenced herein, from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Agreement or other notice on the Vyrill Website. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE VYRILL WEBSITE TO OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS, AS YOUR CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR CONTINUING CONSENT TO BE BOUND BY THIS AGREEMENT. Vyrill expressly reserves the right to make any changes to this Agreement, or to the Website and its content, at any time, without prior notice to you. Such changes, updates, or amendments shall not serve to constitute a default or termination by Vyrill of this Agreement.

2.     Description

The Vyrill Website allows users to view, link to (“bookmark”), collect, share and discuss third-party video content from around the Internet. Vyrill does not allow users to upload videos to its servers at this time. Vyrill allows its users to view the content and the Website subject to the Terms & Conditions of this Agreement.

The Vyrill Website contains links to third-party video content that is in no way owned, controlled or hosted by Vyrill. Vyrill assumes no responsibility for the content of third-party videos and cannot censor or edit the content of such videos. You acknowledge that Vyrill will not be liable for any and all liability arising from your use of or linking to any third-party video content.

Vyrill is for personal use only and shall not be used for commercial purposes except those specifically endorsed or approved by Vyrill. Any illegal and/or other unauthorized use of Vyrill is prohibited, including but not limited to collecting personal data for sending unauthorized emails.

3.     Access

You may register as a Vyrill user to collect, map or share video links on Vyrill. Registration requires providing a valid email address.

Vyrill requires each registered user to have a unique user name and password to use our Website. You may choose a user name and password. Your user name and password are personal to you, and you may not share them with others or allow others to use them. Vyrill is not liable for any harm caused by, or resulting from, your disclosure of your user name and password, your authorization of anyone else to use them, or any theft or misappropriation of them. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities, or losses that are incurred or suffered by Vyrill or by others if you fail to do so. You agree to notify Vyrill immediately if there is, or if you believe there may have been, unauthorized activity or any other security concerns regarding your user name or password. You agree that you, and not Vyrill, remain solely responsible for activity, use, and conduct on Vyrill that is associated with your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken by another. In addition, while we take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and through Vyrill, we cannot and do not guarantee that any such transmissions are or will be totally secure.

4.     Conduct

You agree that you will not (nor others using your account) link to, post or make available in any way on Vyrill, videos, comments or any other content that intentionally or unintentionally violates any applicable local, state, national, or international law, or any regulations having the force of law where you reside or elsewhere. You agree not to use Vyrill in any way that exposes Vyrill to criminal or civil liability.

You acknowledge and agree that you are solely responsible for any content you link to, post, or otherwise make available on Vyrill, or to any third-party website via an embedded player provided by Vyrill, and for any other material or information that you transmit or share with other users or unrelated third parties via Vyrill. Vyrill provides its website as a service to its users. However, Vyrill assumes no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. Vyrill may review and delete any video, user comment, or other content that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or s person not associated with the Website.

Vyrill does not permit bookmarking, posting, or otherwise making available any video, user comment, or other content that:

(a) violates any copyright or other intellectual property right you do not own or license or.

(b) promotes or depicts illegal activities, physical harm or injury to any group or obscene; individual, or any act of cruelty to animals;

(c) is hosted on password-protected websites or private file servers or is invasive of privacy in any way, including but not limited to content that reveals personal information;

(d) constitutes hate speech or promotes or reflects animosity or denigration based on race, gender, sexuality, disability or any other protected characteristic; or

(e) is harassing, harmful, threatening, tortuous, abusive, defamatory, libelous

You agree that all adult video content you bookmark on Vyrill, including but not limited to graphic sexual content, must be flagged as either “adult” or “private.” In accordance with 18 U.S.C. 2257, Vyrill maintains a zero-tolerance policy for video content containing child pornography or sexually suggestive depictions of minors. Vyrill will immediately terminate the Vyrill accounts of any user who bookmarks or otherwise makes available such videos and remove the links in question.

You also agree that you will not bookmark, post or otherwise make available on Vyrill software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.

You also agree not to circumvent, disable or otherwise interfere with security-related features of Vyrill or features that prevent or restrict use or copying of any content or enforce limitations on use of Vyrill or the content therein.

Violation of any of the Terms and Conditions of this Agreement may result in removal of the content and/or termination of your Vyrill account and access at any time without notice. Vyrill retains the right to determine, in its sole and unfettered discretion, what further action may be taken in the event of any discovered or reported violation of this Agreement.

5.     18 U.S.C. 2257 Statement

Vyrill.com allows users to collect and share bookmarks to third-party video content. Vyrill does not create any video content. As such, Vyrill.com is not a producer (primary or secondary) of any of the content found on the Website. With respect to the records required by 18 USC 2257 for any and all content found on the Website, please direct your request to the third-party site for which the content was produced. For further assistance and/or information in finding the content’s originating site, please contact Vyrill.com compliance support@Vyrill.com

Vyrill.com allows content to be flagged as inappropriate. Vyrill.com promptly removes any content flagged as illegal, unlawful, harassing, harmful, or offensive. Users of Vyrill.com who encounter such content are urged to flag it by clicking ‘flag as inappropriate’ link found below each video.

6.     Intellectual Property

Vyrill respects the intellectual property of others. By bookmarking video content on Vyrill, you represent and warrant that such public display does not constitute copyright infringement or violation of any other intellectual property rights.

It is Vyrill’s policy to respond promptly to legitimate claims of copyright and other intellectual property infringement. Vyrill will promptly process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Vyrill will act expeditiously to remove or disable access to any reference or link to material that is claimed to be infringing. Vyrill will terminate the accounts of registered users who are determined to be repeat infringers.

To provide Vyrill notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” at copyright@Vyrill.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/ 92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is infringing your copyright.

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you believe that your material does not constitute infringement, you may provide Vyrill with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” copyright@Vyrill.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/ 92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that the material does not constitute copyright infringement. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

7.     Warranty

You represent and warrant that all of the information you provide to Vyrill to participate in the Vyrill Website is accurate and current and you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using Vyrill, you must agree to the terms of Vyrill’s Privacy Policy and its modifications. You further acknowledge and agree that data collected and maintained by Vyrill with regard to its users may be disclosed in accordance with the Vyrill Privacy Policy.

8.     DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE VYRILL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VYRILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VYRILL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(a).     ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(b).     PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF VYRILL;

(c).     UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(d).     BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH VYRILL BY ANY THIRD PARTY, AND/OR;

(e).     ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT BOOKMARKED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VYRILL WEBSITE. VYRILL RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VYRILL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VYRILL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VYRILL SHALL NOT BE LIABLE FOR BOOKMARKED VIDEO CONTENT OR USER-POSTED COMMENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Vyrill from its facilities in the United States of America. Vyrill makes no representations that the Website and/or its content is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9.     Indemnity

You agree to defend, indemnify and hold harmless Vyrill, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

(a).     Your use of and access to the Vyrill Website;

(b).     Your violation of any of these Terms and Conditions;

(c).     Your violation of any third-party right, including but not limited to any copyright, property, or privacy right; or

(d).     Any claim that your bookmarking of any content caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Vyrill Website.

You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Terms and Conditions contained herein.

10.   Assignment

The Terms and Conditions contained herein, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vyrill without restriction.

11.   Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of California and the United States of America, without regard to conflict-of-law principles. You consent to service of process in any legal proceeding.

If any term, clause or provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Vyrill’s failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.