VYCLONE PRIVACY POLICY

Effective Date 26 September 2012
This Privacy Policy applies to www.vyclone.com (the "Site") which is owned and operated by Vyclone Inc. ("us," we," "our" or "Vyclone"), and to the Vyclone mobile application ("Vyclone App", "our mobile app"), software and services provided by Vyclone (collectively, the "Services"). This Privacy Policy explains how we collect, use and disclose personally identifying information about individuals ("Personal Information") that we collect through our Site and Services.
By using our Site and Services, you agree to this Privacy Policy. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY. BY USING THIS SITE AND PROVIDING ANY PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TRANSFER OF DATA FROM YOUR COUNTRY TO A COUNTRY THAT HAS LESS STRINGENT LAWS, AND THE PROCESSING OF YOUR PERSONAL INFORMATION IN CONFORMANCE WITH THIS PRIVACY POLICY.

Personal Information We Collect and Receive

We may collect or receive Personal Information directly from you or from other sources. In general, we collect the following types of information about users:
  • Account Information. When you create an account with us or install our mobile app, we collect your email address, and a user name and password. We may also ask you to enter additional, optional profile information, such as name, age and gender. You may control who sees this optional information, as well as your email address, by changing your account settings.
  • User Content. When you add or edit video content using our mobile app, that content is automatically sent to Vyclone's servers, so that we may provide our Services to you and allow you to edit your content with the content of other users.
  • User Activities. When you use the Services, we may collect information about your activities, such as the content you upload, edit or share. We also collect email addresses from Site visitors who sign up to receive updates from us about the availability of our Services.
  • Information Collected From and Shared With Social Networking Sites. If you log on to the Service with your login credentials from a social networking site (e.g., Facebook or Twitter) (each, a "Social Networking Site"), we may receive Personal Information about you from such Social Networking Site, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the Social Networking Site ("SNS Terms"). For example, if you log on using Facebook Connect, Facebook will provide us your basic information (which may include your name, e-mail, gender, birthday, current city, and profile picture URL), in accordance with Facebook's terms and conditions. We also will request the following permissions from you: Your "Basic Info", your "Status", your "Location", "Events" you plan to attend and whether you'd like to "Publish" your creation of Vyclone content. We may add any Personal Information received from a Social Networking Site to the information we have already collected from you via the Service, and we will treat any such data in accordance with this Privacy Policy. If you log on to the Site using Facebook Connect, Facebook will know that you have logged onto our Site and will display the Vyclone App as one of your Facebook applications. You may elect to share, through a feature on the Service, certain content and information from our Service with Social Networking Sites. The SNS Terms of such Social Networking Site will apply to the information we so disclose to it. We work with the Social Networking Site’s application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that Social Networking Site on your behalf. In order to provide this authorization, you do not provide us with your user name or password to the Social Networking Site, but you will need to log-in to that Social Networking Site directly through our Site. Once authorized by you, the Social Networking Site provides us a token that allows the Social Networking Site to recognize us when we ask, on your behalf, for access to your account information or to post information. You can revoke our access to any Social Networking Site at any time by amending the appropriate settings from within your account settings on the applicable Social Networking Site.
  • Information We Collect Automatically. We may use cookies, web beacons and other devices to collect information about you when you visit our Site and may receive information about you when you use our Services. To the extent we associate this information with you on an individual basis, we will consider it to be Personal Information.
  • Geolocation Data. We also may collect geolocation data from your mobile device when you use the Services. We will request your permission to access your geolocation data prior to accessing such data for the first time. You cannot disable this feature. If you do not want to provide us with your geolocation data, then we will be unable to provide the Services to you.

How We Use Personal Information

We use the Personal Information that we collect from you for the following purposes:
  • to provide our Services;
  • to respond to requests or inquiries from users, to communicate with users about their use of the Services, and for similar customer-service-related purposes;
  • to tailor the information we send or display to users, including to display targeted advertising;
  • Market our products and services (and those of third parties) to you that we believe may be of interest to you, both on and off the Site. This will include through the serving of targeted advertisements, though we will not disclose your Personal Information in doing so. We may allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you do not make publicly available on the Site) to select the appropriate audience for those advertisements. For example, if you tend to view action videos, we might use that interest to show you ads for snowboards (and to tell ad networks to serve those ads), but we do not tell any company who you are to display the advertisement, though the company may learn that you possess certain characteristics based on the fact that you received the advertisement;
  • to send marketing and promotional e-mails to users;
  • to carry-out or enforce a transaction or agreement with a user;
  • for troubleshooting and technical support purposes; and
  • to improve our Site and Services and to better understand how users access and use our Site and Services, on an aggregated and individualized basis.
Notwithstanding anything else in this Privacy Policy, we may use and/or share aggregate or non-personally identifying information about users with third parties for marketing, advertising, research or similar purposes.

How We Disclose Personal Information

We may disclose information about users, including Personal Information, as described below:
  • Other Users. You may choose to share (or limit the sharing of) any content that you create with other Vyclone users. Please see instructions on the upload page of the app to control your settings.
  • Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. These third parties have agreed to maintain the confidentiality, security and integrity of Personal Information and to only use such information for the purposes for which they have been engaged by us.
  • To Affiliates. We may share your information with a parent company, any subsidiaries, joint ventures, or other companies under a common control with Vyclone (collectively, “Affiliates”), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy;
  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  • In Response to Legal Process. We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
  • To Protect Vyclone and Others. We may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Privacy Policy, or to protect Vyclone in litigation.
We also may share aggregate or non-personally identifying information about users with third parties for marketing, advertising, research or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we have displayed the advertisements. Please see the section entitled "Advertising" for additional information about our practices and your choices with regard to receiving such advertisements.

Special Notice to California Residents: Your Privacy Rights

If we share Personal Information to third parties for their own direct marketing purposes, then you have the right to receive information about the categories of entities to which we have disclosed such information and the names and addresses of those entities. To submit your written request, please send it to us at info@vyclone.com and put the following words in the subject line of the email: "California Privacy Request." Within 30 days after receipt of your request, we will send you a list of the categories of Personal Information that we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses such third parties, if any. We reserve our right not to respond to requests sent more than once in a calendar year. Please note that the California "Shine the Light" law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.

Cookies and Analytics

When you interact with our Site, we strive to make your experience easy and meaningful. We or our third party service providers may use cookies, web beacons and similar technologies to track user activity and to collect data about mobile users. We may combine this data with the Personal Information we have collected from users.
We may use cookies or other tracking mechanisms to track information about your use of our Site. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while other cookies are used to enable a faster log-in process or to allow us to track your activities at the Site. There are two types of cookies: session-based and persistent- based cookies. We also allow vendors to use cookies on our Site.
  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
  • Persistent cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information.
  • Third Party Cookies. We may also engage third parties to track and analyze non- personally and personally identifiable Site data. We use the data collected by such third parties to help us administer and improve the quality of the Site and to analyze Site usage. Such third parties may combine the information that we provide about you with other information that they have collected. This Policy does not cover such third parties' use of the data.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable their web browsers' ability to accept cookies will be able to browse the Site; however, some Site features may not function if you disable cookies.
Local Storage Objects. We may use Flash Local Storage Objects ("Flash LSOs") in order to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you cannot control, delete, or disable the acceptance of Flash LSOs through your browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash cookies, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Site Analytics.As noted, we may use automated devices and third-party applications, such as Google Analytics, to evaluate usage of our Site. Such third parties may use Cookies to help track user behavior. The use of these Cookies by third parties is not covered by our Privacy Policy. We do not have access or control over these Cookies. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site, performance and user experiences.

Third-Party Links

Our Site and Services may contain links to other, third-party websites. When you click on such a link, you will leave our Site and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you. Any access to and use of such linked websites is governed by the privacy policies of those third party websites, and not by this Privacy Policy. We are not responsible for the information practices of such third party websites.
This Privacy Policy addresses only our use and disclosure of information we collect from and/ or about you. If you disclose information to others, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

Marketing Communications

If you submit your e-mail address to us, we may send you updates about the Vyclone mobile app and other Services, emails about information that we believe may be of interest to you as well as news and offers from us or other third parties. If, at any time, you would like to stop receiving these promotional e-mails, you may follow the opt-out instructions contained in any such e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt- out of receiving emails or promotions from us, we still may send you e-mail about your account, any Services you have requested or received from us, or for other customer-service purposes.

Communications With Friends

Vyclone may offer features by which you can send information to others. We may use the contact information you enter for your friends to provide them with interactive and community features. Our Site may offer message boards, chat, e-mail accounts, short message service (SMS), instant messaging, profiles, personal homepages, etc. All information posted or sent through these features may be publicly available, and you should be aware that when you voluntarily disclose Personal Information (e.g., user name, e-mail address, phone number) through these features, that information can be collected and used by others and may result in unsolicited communications from others. By accessing these features and disclosing Personal Information, you affirmatively consent to the distribution of your Personal Information as described above. Users' posts may be publicly and/or internally associated with their profiles/ screen-names. Users are solely responsible for the content of messages they post or send on public forums.

Security

We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, SSL, firewalls, and internal restrictions on who may access data to protect our Site and the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a password that nobody else knows or can easily guess, and keeping your password private. Also, you should never share your log-in information with others. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. To change your Facebook password, you must go to the Facebook site and follow its procedures for changing your password.
You can review, remove and/or change any of your Personal Information by logging into the Site or Application and accessing your account. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us. Please remember, however, if we have already disclosed some of your Personal Information on the Site or otherwise to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
Upon your request, we will close your account as soon as reasonably possible, in accordance with applicable law, and we will anonymize any of your content that you have provided on the Site or through the Application. However, we will continue to use your Personal Information in accordance with this Privacy Policy even after we have closed your account. If you opt-out, we may retain the Personal Information to comply with laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

Children Under 13

Our Site and Services are not targeted to nor intended for children under the age of 13. If we find that we have received information from children under 13 years of age, we will take steps to delete such information.

Advertisements

We may display advertisements on our Site and Mobile App. Some of the advertisements are based on the collection of aggregate information. Please see the bottom of this section for opt-out information.
We use third parties such as network advertisers to serve advertisements on our Site. Network advertisers are third parties that display advertisements based on your visits to our Site and other websites you have visited. This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party's specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Sites and our Services, both Personal Information and non-personally identifiable information.
We use third parties such as network advertisers to serve advertisements on our Site. Network advertisers are third parties that display advertisements based on your visits to our Site and other websites you have visited. This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party's specific privacy policy, not this one.
You may opt-out of many third-party ad networks. The website http://www.networkadvertising.org/optout_nonppii.asp provides information regarding this practice by Network Advertising Initiative ("NAI") members, and your choices regarding having this information used by these companies, including how to "opt-out" of third-party ad networks operated by NAI members. You also may contact About Ads at http://www.aboutads.info/choices/ for information about opting out of targeted advertising and your choices regarding having information used by About Ads member companies, including how to "opt-out" of third- party ad networks operated by About Ads members. Opting out of one or more NAI members or About Ad members (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Sites or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or About Ad opt-out may no longer, be effective. Additional information is available on NAI's and About Ad's websites accessible by the above links.

Changes To This Privacy Policy

As we update our Site and Services and roll-out new versions or features, we may change this Privacy Policy. You should check here www.vyclone.com/privacy to review our current Privacy Policy. Changes to this Privacy Policy are effective at the time they are posted, and your continued use of our site after posting will constitute acceptance of, and agreement to be bound by, those changes. If we make any changes to this Privacy Policy that materially affect our practices with regard to the Personal Information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.

How to Contact Us

You may contact Vyclone Customer Support with any questions or concerns about this Privacy Policy by calling (310) 296-6400 or emailing info@vyclone.com.

VYCLONE TERMS OF USE

Effective Date 26 September 2012

THANKS FOR DOWNLOADING VYCLONE! It's really important to us that you understand the Terms of Use, but we know that most of you never bother to read those long-winded, sterile legal documents. We want to be transparent about this stuff, so we put together this short introduction that we hope will be much clearer than the stuff that follows (which we... well the lawyers, recommend you read anyway, because that's the document by which you will be bound!).

First things first... Vyclone (that's us) will provide you (that's you) with access to our app, subject to your compliance with these Terms of Use. You can download it, stick it on your device and then make your own movies as well as editing movies others have posted. (Yes, that means that other people can access and edit your movies too... we know, cool.)

We need you to give us some information about you. We're not the CIA or the KGB, and we won't be doing anything sinister with that data - promise. We don't like the idea of people lying about themselves to set up accounts - We're looking at you Tricky Dick. We'd also quite like it if you didn't impersonate other people. If you suspect someone else is impersonating you then let us know.

Sorry Kiddos! If you're under 13, you're awesome for reading all this, but this site and app aren't for you. We do not collect information from children under 13. Please come back when you're 13.

On Facebook? Us too (like us www.facebook.com/vyclone). We've built Vyclone to allow you to log in with your Facebook account - one less password to remember. But please don't go blurting your password out to anyone else - it's your responsibility to keep your password safe. We take privacy very seriously and we recommend you do too!

The Vyclone app will automatically collect information about your location wherever (and we mean wherever) you use the app to shoot a Vyclone movie. Let's contextualize. Say you happen to be sitting in the Oval Office. First, nice job. But then, think about that. Do you want us to know that you are there? Do you want us to know what you are up to? Doubt it. So don't use the app, wait until you get to the ball game or the Shins gig that evening, yeah. What happens in Vegas... you hear us?

Say you shoot a movie and it's awesome but you want to keep it for yourself and your buddies. No problem. Choose what content you want to share on the Vyclone website and whether you want it to be publicly shared, viewable and editable. Who said we weren't nice? When you choose to submit your content just decide if you want it to be public or private. If you choose neither though, then we'll make it public.

By choosing to publish the content to the Vyclone website through the app, you are granting pretty much everyone else the right to use, edit and view your content. It's 21st Century sharing, and we hope you like that. If you don't, then choose private when you submit your content to the Vyclone website through the app. Got it? Yes? Super.

We appreciate people who respect the rights of others, especially when using the Vyclone app and the Vyclone website. Don't use Vyclone to violate laws, rules or regulations, including, infringing copyright, trademark or other intellectual property rights of others, or violating the privacy or publicity rights of others. And this bit is really important... when you post a movie publicly available.

Please don't violate the Terms of Use. We can and will close your account, which we'll both be sad about because Vyclone is all kinds of awesome. And while we hope there aren't any disputes between you and us, sometimes it just cannot be avoided. In those minor cases, we agree to resolve them through binding arbitration. We suggest you read section 15 below that describes this process as it could affect your rights.

Thank you for reading this bit. We appreciate it. Now go read the bit that follows, accept the Terms of Use and have fun with Vyclone!

PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE YOU ("YOU" OR "YOUR") DOWNLOAD OR USE VYCLONE INC.'S ("VYCLONE") MOBILE DEVICE APPLICATION (THE "APPLICATION" ) OR USE VYCLONE'S WEBSITE LOCATED AT WWW.VYCLONE.COM (THE "SITE"). BY DOWNLOADING OR USING THE APPLICATION OR USING THE SITE AND SERVICES OFFERED ON THE SITE, YOU ARE AGREEING THAT YOU WILL BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE "I ACCEPT" BOX AND DO NOT DOWNLOAD OR USE THE APPLICATION OR USE THE SITE AND SERVICES OFFERED ON THE SITE. YOU HAVE NOT BECOME A LICENSEE OF, AND ARE NOT AUTHORIZED TO USE THE APPLICATION OR THE SITE UNLESS AND UNTIL YOU HAVE AGREED TO BE BOUND BY ALL THESE TERMS. THE "EFFECTIVE DATE" FOR THIS AGREEMENT IS THE DAY YOU CHECK THE "I ACCEPT" BOX.

To download and use the Application and/or access and use the Site and services offered on the Site, (i) You must not be a minor or, (ii) if You are a minor, You must be least 13 years old and have Your account created and registered for You by Your parent or guardian or have received permission from a parent or legal guardian to enter into this Agreement and to download and use the Application and/or use the Site and services offered on the Site after You have reviewed the terms and conditions of this Agreement with him or her and discussed any questions that You may have. You will not be entitled to use the Application and/or the Site if You do not satisfy these requirements. By continuing with the installation process, You represent that You are of majority age or, if you are a minor, that Your account was created and registered by Your parent or guardian or that You have received Your parent(s) or legal guardian's permission to download and use the Application and/or the Site and services offered on the Site under the terms and conditions of this Agreement and Your parent or legal guardian has joined You in executing this Agreement. Further, if You are a parent who is registering for a child, You hereby agree to bind Your child to these terms and to fully indemnify and hold harmless Vyclone if Your child breaches or disaffirms this Agreement.

1. ACCESS AND PRIVACY

Subject to the terms and conditions of this Agreement, Vyclone shall provide You with access to: (i) download the Application via the Internet and (ii) use the Application, the Site and the services offered on the Site to create and edit video content that has been posted by You and/ or other users of the Application and the Site. Use of the Application, the Site and the services offered on the Site is governed by Vyclone's then-current privacy policy, which can be accessed at the following URL: www.vyclone.com/privacy.html (the "Vyclone Privacy Policy"). The Vyclone Privacy Policy is hereby incorporated by reference into this Agreement. You agree not to collect or harvest any personally identifiable information or geo-location data, including users' names from the Application and/or the Site, for any purposes.

2. ACCOUNTS

When providing information to Vyclone to receive access to download the Application or to register for an account on the Site, You must provide, maintain and update true, accurate, current and complete information. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify Vyclone of any unauthorized use of your username, password or any other account information, or any other breach of security that you become aware of involving or relating to the Application and/or the Site. Subject to applicable law, we may suspend or terminate your account and your ability to use the Application or the Site or services offered on the Site, or any portion thereof, for your failure to comply with any term of this Agreement, or for any other reason whatsoever in Vyclone's sole discretion.

3. PASSWORDS

You may utilize the "Facebook Connect" functionality available in the Application and on the Site by logging into Your Facebook account with Your Facebook log-in credentials ("Facebook Password") and, if applicable, configuring Your privacy settings in Your Facebook account to permit Your activities through the Application and on this Site to be shared with Your contacts in Your Facebook account (as further detailed in the Vyclone Privacy Policy). Notwithstanding the foregoing, You agree that Your use of the Facebook website is governed by the terms and conditions of Facebook's terms of use and its privacy policy, including, without limitation, Facebook's password and account security policies related to Facebook Passwords and accounts. You are responsible for maintaining the confidentiality of your Facebook Password, and You are responsible for all activities that occur using Your account related to the Application and the Site. You agree not to share Your Facebook Password, let anyone else access your Facebook Password or do anything else that might jeopardize the security of your Facebook Password. You agree to notify Vyclone if there is any unauthorized use of Your Facebook Password in connection with the Application or this Site or if you know of any other breach of security in relation to the Application or this Site.

4. LICENSE TO DOWNLOAD AND USE THE APPLICATION

(a) License. Subject to the terms and conditions of this Agreement, Vyclone grants You a limited, non-transferable, non-exclusive right to download and use the Application only on the Participant Device (as defined below) solely for Your personal use. "Participant Device" means the specific iPhone, iTouch or iPad device owned by You for which You have provided Vyclone the applicable device ID in order to permit You to download and use the Application (as further described in the Vyclone Privacy Policy). You are solely responsible for the activity that occurs on your Participant Device. You must notify Vyclone immediately of any breach of security or unauthorized use of your Participant Device. With respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.

(b) License Restrictions. You may not, nor permit any third party to: (i) download or use the Application on any device other than the Participant Device, (ii) rent, lease, loan, sell, sublicense, distribute, disclose or otherwise transfer the Application, or any copy thereof, (iii), alter, merge, edit, modify, translate, adapt in any way or prepare any derivative work based upon the Application, (iv) reverse engineer, alter, modify, disassemble, decompile or otherwise derive any source code from the Application, or any part thereof, without Vyclone 's prior written consent, (v) use the Application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (vi) publish or disclose to third parties any evaluation of the Application without Vyclone's prior written consent.

(c) You agree not to use the Application or the Site for any commercial use, without the prior written authorization of Vyclone, except as expressly specified in this Agreement. Prohibited commercial uses include any of the following actions taken without Vyclone's express approval: (i) sale of access to the Application or the Site or the services offered on the Site on another website; (ii) use of the Application and/or the Site or the services offered on the Site for the primary purpose of gaining advertising or subscription revenue, or (iii) the sale of advertising, on the Site or any third-party website, targeted to the content of Vyclone Content or Vyclone Community Member Content (both as defined below). Prohibited commercial uses do not include: (1) uploading an original video through to the Site, or linking to your website from Vyclone to promote your business or artistic enterprise; (2) showing videos on an ad-enabled blog or website, provided the primary purpose of using the Application is not to gain advertising revenue or compete with Vyclone; or (3) any use that Vyclone expressly authorizes in writing.

5. YOUR CONTENT

(a) Definitions. "Content" includes videos, files, images, photos, sounds, musical works, works of authorship, text and any other materials or information. "Your Content" includes any Content provided by You to Vyclone or other users that is transmitted through Your use of the Application and/or otherwise posted by You to the Site.

(b) Ownership of Your Content. You represent, warrant and covenant that: (i) you own or otherwise have the right to grant the licenses set forth in this Agreement for Your Content, (ii) you have obtained, and will maintain, all appropriate licenses, releases, consents, permissions and clearances to enable Vyclone and/or other Application and Site users to exercise the rights granted herein and (iii) Your Content does not infringe, misappropriate or violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity or violate any applicable laws, rules or regulations, and the Your Content that You transmit through the Application and post on the Site through the Application will not contain third party copyrighted material or material that is subject to other third party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the license rights set forth herein. You have full responsibility for Your Content, including its legality, accuracy, appropriateness, and trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR CONTENT THAT YOU SUBMIT TO VYCLONE AND/OR THROUGH THE APPLICATION.

(c) License to Vyclone. By using the Application and/or the Site or services offered on the Site, you hereby grant to Vyclone and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, sub-licensable (with the right to sublicense through multiple tiers of licensees) and transferable (in any media formats and through any media channels, whether known or not currently known and invented) ("License") to use, re-format, create backup copies, modify, reproduce, create derivative works of, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform, derive renumeration from, and otherwise exploit Your Content, in whole or in part, (including, without limitation, all patent, trademark, trade secret, copyright or proprietary rights in and to such Your Content) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content, including, without limitation, making Your Content available to the other users of the Application and the Site and services offered on the Site and to include Your Content in Vyclone's promotional and marketing materials. You agree that Vyclone may exercise the License granted by You without notice, payment or attribution to You. You understand that Vyclone does not guarantee any confidentiality with respect to any Your Content that You submit. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Vyclone, are responsible for all of Your Content that you make available on or in the Site, the Application, or the related services, whether publicly posted or privately transmitted. You agree that Vyclone is not obligated to make any of Your Content or any other user's Content available on the Site or Application.

(d) License to Other Application Users. By using the Application and/or the Site or services offered on the Site, You also hereby grant all other users of the Application and the Site and services offered on the Site, a non-exclusive, worldwide, perpetual, irrevocable license to use, re-format, create backup copies, modify, reproduce, create derivative works of, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform and otherwise exploit Your Content (including, without limitation, all patent, trademark, trade secret, copyright or proprietary rights in and to such Your Content,, including, without limitation, in connection and as part of such users' own Content. You acknowledge and agree that a user of the Application and/or the Site and services offered on the Site can exercise the foregoing rights without further notice, payment or attribution to You.

(e) Public Use. Except for any of Your Content that You expressly designate during the submission process as being private and only shareable and editable by certain designated users of the Application and the Site who are part of Your network of friends on the Site, You understand, acknowledge and agree that You submit Your Content on a "public' basis (i.e., Your Content will be accessible to, viewable by and editable by all users of the Application and the Site and services offered on the Site). For the avoidance of doubt, any of Your Content that You do not expressly designate as being private during the submission process is provided on a non-proprietary and non-confidential basis, and will be generally accessible by other users of the Application and the Site and services offered on the Site. Be sure that any information or material that You include in Your Content that You choose to share with Vyclone or some or all other users of the Application and/or the Site and services offered on the Site is information or material that you are comfortable with sharing with others. If you are not comfortable with sharing any portion of the information or material that is included in Your Content, do not submit Your Content through the Application.

(f) No Back Up of Content. Vyclone encourages You to maintain Your own backup of any Your Content that You submit through the Application and post to the Site through the Application. Vyclone is not a backup service, and Vyclone will not be liable for any loss of, modification, suspension or discontinuation of any Content offered on or through the Site, including, without limitation, Your Content.

(g) Vyclone Content and Vyclone Community Member Content. The Site contains Content owned by Vyclone or its licensors (other than other users of the Application and/or the Site) ("Vyclone Content") and Content that certain other users of the Application and/or the Site ("Vyclone Community Members") have permitted other users of the Application and/or the Site to use pursuant to the license granted above ("Vyclone Community Member Content"). You may use the Vyclone Content or Vyclone Community Member Content only in connection with the Application and the Site and the services offered on the Site, and You may link to, use, copy, publicly display, publicly perform, communicate, distribute or otherwise exploit the Vyclone Content or Vyclone Community Member Content in or on any third party website (including, without limitation, a website owned or controlled by you or another Vyclone Community Member). Vyclone hereby grants You a limited, revocable, non-sublicensable, non-transferable, personal license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute the Vyclone Content on or through the Site and services offered on the Site and/or in Your Content solely in connection with your personal use of the Application and the Site and the services offered on the Site. Except for the rights expressly granted under this Agreement, you have no other rights to the Vyclone Content or Vyclone Community Member Content.

6. PERSONAL RESPONSIBILITY; ACCOUNT TERMINATION POLICY; INDEMNITY.

(a) Personal Responsibility. Personal Responsibility. You understand that deciding whether to use the Application and/ or the Site and services offered on the Site and/or to submit any of Your Content through the Application is Your personal decision for which You alone are responsible. You understand that Vyclone does not and cannot make representations, promises or warranties as to the suitability of any individual You may decide to interact with on the Site and/or the suitability, quality, accuracy, timeliness, legality of any Content on the Site that You may decide to use and/or any feedback and/or results provided by any other user of the Application and/or the Site or services offered on the Site. You understand and acknowledge that You may be exposed to Content through the Application and/or on the Site that is inaccurate, offensive, indecent, or objectionable. You hereby waive any and all legal claims against Vyclone in connection with the Application, the Site and/or any Content or services provided by or to You through the Application and/or the Site and services offered on the Site. We rely on each user to undertake necessary precautions and practices and use caution and common sense when using the Application, the Site and/or any Content or services offered on or through the Application and/or the Site.

(b) Account Termination Policy. Account Termination Policy. Vyclone will terminate Your access to, or ability to post Your Content through, the Application and/or the Site if You are determined to be a repeat infringer of the intellectual property rights or any other rights of others. Vyclone reserves the right to decide whether Your Content violates the terms and conditions of this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Vyclone may at any time, without prior notice and in its sole discretion, remove any of Your Content and/or terminate Your account for submitting any material, information or content in violation of this Agreement. If you want to terminate these Terms of Use any services provided by Vyclone, you may do so by (a) notifying Vyclone at any time and (b) closing your account. Your notice should be sent, in writing, to Vyclone's address set forth below. Termination includes removal of access to the Site and Application and barring of further use of the Site and Application, as well as deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), including Your Content. Upon termination, your right to use the Site and Application will automatically terminate immediately and you must delete the Application from all Participant Devices (defined below) under your control. You understand that any termination may involve deletion of Your Content associated therewith from our live databases. Vyclone will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of these Terms of Use, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

(c) Indemnity. You agree to defend, indemnify, and hold Vyclone, its affiliates, officers, directors, agents, and other partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising from: (i) Your use of and access to the Application and/or the Site; (ii) Your breach of this Agreement; (iii) Your Video Content; (iv) Your violation of any third party right, including, without limitation, any copyright, property, or privacy right; (v) Your violation of any applicable local, state, federal or international law, rule or regulation. This defense and indemnification will survive this Agreement and Your use of the Application.

7. USER CONDUCT; NO ENDORSEMENT AND REMOVAL OF YOUR CONTENT.

(a) User Conduct. You shall be solely responsible for Your actions while using the Application and/or the Site and the services offered on the Site, including, without limitation, Your Content (as defined below) that your submit, post or otherwise provide to Vyclone and/or other users and/ or that you transmit through the Application, including, without limitation, through postings, tweets, e-mails, profiles, personal pages or other services, included in any of your postings on or through other Third Party Web Sites (as defined below). You represent and warrant that you will: (i) abide by all local, state, national, and international laws and regulations applicable to Your use of the Application and/or the Site or the services offered on the Site, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Application, all rules and regulations imposed by the Federal Communications Commission and privacy and data protection laws; (ii) not provide, upload or distribute in any way Your Content (as defined below) or any other information, material or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application and/or the Site or the services offered on the Site or another's computer or device; (iii) not use the Application and/or the Site or the services offered on the Site for illegal, fraudulent, unethical or inappropriate purposes; (iv) not interfere or disrupt networks connected to the Application and/or the Site or the services offered on the Site or interfere with other ability to access or use the Application and/or the Site or the services offered on the Site; (v) to distribute, promote, post or transmit through the Application and/or the Site or the services offered on the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic, indecent, defamatory, hateful, racially, ethnically, unwanted or otherwise objectionable material of any kind or nature, and Your Content will not contain any nudity, violence, sexually explicit, or offensive subject matter; (vi) not transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; (vii) not interfere with another Application and/or Site user's use and enjoyment of the Application and/ or the Site or the services offered on the Site or another person or entity's use and enjoyment of similar services; (viii) not engage in, or permit others to engage in, contests, chain letters or post or transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of e-mail; (ix) not post, submit or otherwise provide a name, likeness, photograph or image of another person without that person's permission; and (x) comply with all regulations, terms of use, policies and procedures of networks connected to the Application and/or the Site or the services offered on the Site and Vyclone's service providers. Furthermore, You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Vyclone servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vyclone grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vyclone reserves the right to revoke these exceptions either generally or in specific cases.

(b) No Endorsement and Removal of Your Content. You acknowledge and agree that Vyclone neither endorses the contents of any user communications or Your Content (as defined below), nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights or violation of any other third party rights arising therefrom (including, without limitation, rights of privacy and rights of publicity) or any crime facilitated thereby. Vyclone does not knowingly permit copyright infringing activities and infringement of intellectual property rights on the Application and/or the Site or the services offered on the Site, and Vyclone may reject, refuse, delete or remove any of Your Content provided by You or transmitted through the Application and/or posted or made available on the Site, without notice to You, that Vyclone believes, in its sole discretion, violates any terms of this Agreement, provided that Vyclone shall have no obligation to do so or to monitor Your Content. Without limiting the generality of the foregoing, Vyclone shall have the right to remove any Content from the Site that is illegal, offensive, violates this Agreement and/or the rights of Vyclone or any other entity or person, harms or threatens the safety of any user of the Application and/or the Site or services offered on the Site or any other person; or creates liability for Vyclone, its licensors, suppliers, service providers, partner companies or any user of the Application and/or the Site or services offered on the Site. Vyclone reserves the right (but has no obligation) to investigate and take action in its sole discretion against You if You violate this provision or any other provision of this Agreement, including without limitation, removing Your Content from the Site, terminating Your account, reporting You to law enforcement authorities, and taking legal action against You. Vyclone does not and cannot review all Content posted by You or other users of the Application and/or the Site or services on the Site. The foregoing prohibitions do not require Vyclone to monitor, police or remove any of Your Content or other information, material or content submitted by You or any other user. Vyclone reserves the right to retain a copy of any Content deleted from the Site in order to comply with applicable law, resolve disputes, enforce this Agreement and to take any other actions otherwise permitted by law that Vyclone deems necessary in its sole discretion.

8. COPYRIGHT AND TRADEMARK INFRINGEMENTS.

(a) Notification. Vyclone respects the intellectual property rights of others, and we ask You to do the same. Vyclone may, in appropriate circumstances and at our discretion, terminate service and/or access to the Application and/or this Site for users who infringe the intellectual property rights of others. If you believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Vyclone's designated agent the following information:

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 and/or trademarked work claimed to have been infringed, or, if multiple 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 at the Site, and information reasonably sufficient to permit Vyclone to locate the material.
Information reasonably sufficient to permit Vyclone to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Vyclone's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail: North La Brea Avenue

Hollywood, CA 90028

Attn: Chief Executive Officer

By phone: (310) 296-6400

By e mail: info@vyclone.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

(b) Counter-Notification. If you are a user of the Site who uploaded or posted allegedly infringing material and who received notification to that effect from Vyclone, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

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 of the material to be removed or disabled.

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Vyclone may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail: 6310 San Vicente Blvd., Suite 240
Los Angeles, CA 90048
Attn: Lindsay Salk

By phone: (310) 807- 8149

By e mail: salk@vinersalk.com

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.

Only the intellectual property rights owner is permitted to report potentially infringing items through Vyclone's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth above.

Only the intellectual property rights owner is permitted to report potentially infringing items through Vyclone's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth above.

9. OWNERSHIP

The Application, the Site, the Vyclone Content and any services offered on the Site are proprietary to and the property of Vyclone or its licensors. All intellectual property rights in or associated with the Application, the Site, the Vyclone Content and any services offered on the Site are and will remain exclusively owned by Vyclone or its licensors. You agree to secure and protect the Application, the Site, the Vyclone Content and any services offered on the Site in a manner that will maintain and protect Vyclone's rights in the Application, the Site, the Vyclone Content and any services offered on the Site. You shall do nothing inconsistent with Vyclone's ownership rights in the Application, the Site, the Vyclone Content and any services offered on the Site. You agree to take all reasonable steps to protect the Application, the Site, the Vyclone Content and any services offered on the Site from loss or damage while in Your possession or under Your control or use.

10. FEEDBACK

To the extent that you provide Vyclone with any suggestions, information, ideas, or feedback concerning the Application, the Site or any services or Content on or in the Site, including, without limitation, through e-mails, comments or postings (collectively, "Feedback"), the Feedback will be the sole and exclusive property of Vyclone. You agree to assign and hereby assign to Vyclone all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist Vyclone in perfecting and enforcing such rights.

11. NO WARRANTY

(a) Vyclone does not proof, edit or change any of the Content on the Site, including, without limitation, any of Your Content or any Vyclone Community Member Content. Vyclone has no obligation to correct any (a) unfinished video content or any other errors or mistakes in any Content; (b) low resolution images that may appear blurry; (c) editing or design issues, including formatting, organization, style or color; or (d) other creative choices that You make. Vyclone is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Content or any Vyclone Community Member Content) transmitted through the Application and/or posted on the Site, whether such inaccuracies are caused by Vyclone, the Application, the Site or the users of any of the foregoing or by any of the equipment or programming associated with or utilized in connection with providing the Application, the Site and the services offered on the Site. Vyclone assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content submitted by users. Vyclone is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Application and/or the Site or combination thereof, including any injury or damage to users' or to any person's Personal Device or other computer or equipment related to or resulting from participation or downloading the Application or using the Site or any other Content or services offered on the Site. Under no circumstances shall Vyclone be responsible for any loss or damage, including personal injury or death or property damage, resulting from use of the Application, the Site or the services offered on the Site or from any Content posted on the Site or transmitted by or to users, or any interactions between users of the Application, the Site and/or services offered on the Site, whether online or offline.

(b) THE APPLICATION, THE SITE, THE SERVICES OFFERED ON THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, VYCLONE CONTENT AND VYCLONE COMMUNITY MEMBER CONTENT, IS PROVIDED "AS IS" AND VYCLONE MAKES NO WARRANTY OF ANY KIND REGARDING ANY OF THE FOREGOING. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, VYCLONE HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. VYCLONE DOES NOT WARRANT THAT THE APPLICATION, THE SITE, THE SERVICES OFFERED ON THE SITE OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, VYCLONE CONTENT AND VYCLONE COMMUNITY MEMBER CONTENT, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION OR THE SITE OR ANY SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR THE SITE OR ANY SERVICES OFFERED ON THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VYCLONE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

(a) TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, IN NO EVENT SHALL VYCLONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR DISTRIBUTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE APPLICATION OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR LOSS OF USE OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, THE SITE OR ANY CONTENT OR SERVICES OFFERED ON THE SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APPLICATION, THE SITE OR ANY CONTENT OR SERVICES OFFERED ON THE SITE OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF VYCLONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT VYCLONE SHALL NOT BE LIABLE FOR CONTENT 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.

(b) SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL VYCLONE'S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ALL DIRECT DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION, THE SITE OR ANY SERVICES OR CONTENT OFFERED ON THE SITE EXCEED ONE HUNDRED DOLLARS (US$100.00).

(c) ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL VYCLONE BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON THE APPLICATION, THE SITE OR ANY CONTENT OR SERVICES OFFERED ON THE SITE.

(d) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. VYCLONE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. SYSTEM OUTAGES AND CHANGES TO SERVICES.

You acknowledge and agree there will be occasions when the Application, the Site and/or the services offered on the Site will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Vyclone, and that Vyclone will have no liability for your inability to access and/ or use the Application, the Site and/or services offered on the Site, or any portion thereof, during any of the foregoing events. Vyclone reserves the right to change, alter or vary the Application, the Site, the services offered on the Site and/or Content offered on or through the Site at any time without notice.

14. RELEASE

You hereby release Vyclone, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from participation or downloading the Application, the Site or any other Content or services in connection with the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

15. GOVERNING LAW AND ARBITRATION

Please read this carefully. It affects your rights.

This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Vyclone agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Los Angeles, California (USA) and the federal courts located in the Central District of California (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Vyclone may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that re applicable to your use of the Website and the Services.

(a) Any other Dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the "Rules") and shall be administered by the Los Angeles, California office of JAMS (the "Administrator"). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be Los Angeles, California USA. The Dispute(s) shall be submitted to a single arbitrator ("Arbitrator") chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney's fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys' fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 12 of this Agreement. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States Federal law.

(b) By using the Site, the Application, or the services in any manner, you agree to the above arbitration provision. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

YOU AND VYCLONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. LINKS TO THIRD PARTY WEB SITES

The Application and/or the Site may provide links to or be linked to other web sites that are not Vyclone websites ("Third Party Web Sites") and certain functionality of the Application and/or areas of the Site may allow you to conduct transactions through such Third Party Web Sites. Vyclone is providing these links to you as a convenience, and Vyclone does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies and terms and conditions and business practices than Vyclone. Your dealings and communications through the Site with any party other than Vyclone are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT VYCLONE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference in the Application and/or on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Vyclone's endorsement or recommendation.

17. PROPRIETARY RIGHTS

Vyclone is a trademark of Vyclone in the United States. Other trademarks, names and logos in the Application and/or on the Site are the property of their respective owners.

Unless otherwise specified in this Agreement, all information and screens appearing in the Application and on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Vyclone, Copyright © 2012 Vyclone, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

18. EXPORT

You acknowledge that the laws and regulations of the United States may restrict the export and re-export of certain commodities and technical data of United States origin, including the Application. You agree that You will not export or re-export the Application without the appropriate United States or foreign government permits, authorization and/or licenses. Furthermore, Vyclone controls and operates the Site from its headquarters in the United States of America and the Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws, rules and regulations.

19. GENERAL

This Agreement is personal to You and You may not assign or otherwise transfer this Agreement or Your rights under this Agreement, but this Agreement may be assigned or otherwise transferred by Vyclone without restriction. Any assignment in derogation of the foregoing is void. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto. Nothing contained herein shall be construed as creating an agency, partnership, or other form of joint enterprise between the parties. If any part of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement which shall remain in full force and effect. A waiver of any default under this Agreement or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Vyclone will not be liable for non- performance or delay in performance caused by any event reasonably beyond the control of such party including, but not limited to, wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any "act of God." This Agreement, together with the Vyclone Privacy Policy, which can be accessed at the following URL: vyclone.com/privacy shall constitute the entire agreement between You and Vyclone regarding the subject matter hereof and supersedes any and all other agreements, understandings and communications between You and Vyclone, written or oral, regarding the subject matter hereof. This Agreement may not be modified or amended except in a writing executed by both You and an authorized representative of Vyclone. The communications between you and Vyclone use electronic means, whether you visit the Site or send Vyclone e- mails, or whether Vyclone posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Vyclone in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Vyclone provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

This Site can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Vyclone intends to announce such services or Content in your country. The Site and Application are controlled and offered by Vyclone from its facilities in the United States of America. Vyclone makes no representations that the Site or the Application is appropriate or available for use in other locations. Those who access or use the Site or the Application from other jurisdictions do so at their own volition and are responsible for compliance with local law. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English. C'est law volone expresse des parties que la presente convention ainsi que les documents qui s'y rattacent soient rediges en anglais. In accordance with California Civil Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

20. ACCESSING AND DOWNLOADING APPLICATION FROM ITUNES

You acknowledge and agree that the availability of the Application and the services is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge that these Terms of Use are between you and Vyclone and not with the App Store. Vyclone, not the App Store, is solely responsible for the Site and Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or related services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store's terms and policies) when using the Application and the related services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms of Use and will have the right to enforce them

The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):

(a) You acknowledge and agree that (i) these Terms of Use are concluded between you and Vyclone only, and not Apple, and (ii) Vyclone, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Vyclone and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Vyclone.

You and Vyclone acknowledge that, as between Vyclone and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Vyclone acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Vyclone and Apple, Vyclone, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

You and Vyclone acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

VYCLONE, INC COPYRIGHT POLICY

Vyclone, Inc., respects the copyrights of others and expects its users to do the same. In compliance with the Digital Millennium Copyright Act of 1998 as embodied in 17 U.S.C. § 512 (the "DMCA"), a copy of which may be found on the United States Copyright Office website at http://www.copyright.gov/title17/92chap5.html#512, Vyclone will respond expeditiously to remove or disable access to material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using the Vyclone service.

DMCA Notification of Claimed Infringement

If you are a copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify Vyclone of the material that is claimed to be infringing or to be the subject of infringing activity and was posted online using the Vyclone service by completing a DMCA Notification of Claimed Infringement (the "Notification") as described below and delivering it to Vyclone's Designated Copyright Agent. It is important to emphasize that you should only submit a Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.

To be effective, the Notification must be a written communication provided to Vyclone's Designated Copyright Agent that includes substantially the following:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
  2. 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 Vyclone to locate the material;
  3. Information reasonably sufficient to permit Vyclone to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed; and
  6. The physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.

Once completed, please deliver the Notification to Vyclone's Designated Copyright Agent at:

Lindsay Salk, J.D.
Copyright Agent, Vyclone, Inc.
By mail: 6310 San Vicente Blvd., Suite 240
Los Angeles, CA 90048

Upon receipt of a valid Notification, Vyclone will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

DMCA Counter Notification.

If material you have posted online using the Vyclone service has been removed or disabled in response to a DMCA Notification of Claimed Infringement, Vyclone will promptly forward the Notification to you and inform you that it has removed or disabled access to such material. If you own or control the rights to the material you posted online using the Vyclone service and you believe that your material was removed or disabled by mistake or misidentification, you may send Vyclone's Designated Copyright Agent a DMCA Counter Notification (the "Counter Notification") as described below. It is important to emphasize that you should only submit a Counter Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.

To be effective, a DMCA Counter Notification must be a written communication provided to Vyclone's Designated Copyright Agent that includes substantially the following:

  1. 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;
  2. A statement under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  3. Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the 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 which Vyclone may be found, and that you will accept service of process for the person who provided the DMCA Notification of Claimed Infringement (the "Claimant") or an agent of such person; and
  4. Your physical or electronic signature.

Once completed, please deliver the Counter Notification to Vyclone's Designated Copyright Agent at:

Lindsay Salk, J.D.
Copyright Agent, Vyclone, Inc.
By mail: 6310 San Vicente Blvd., Suite 240
Los Angeles, CA 90048

Upon receipt of a Counter Notification, Vyclone will promptly forward it to the Claimant and inform the Claimant that Vyclone will replace the removed material or cease disabling access to it unless the Claimant notifies Vyclone's Designated Copyright Agent within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity with regard to the material posted online by you using the Vyclone service. If Vyclone receives notification that the Claimant has filed such a lawsuit, it will be unable to replace the removed material or cease disabling access to it. If Vyclone does not receive such notification, it may, in its sole discretion, replace the removed material of cease disabling access to it.

Please note that when Vyclone forwards the Counter Notification to the Claimant it includes your personal information. By submitting a Counter Notification, you consent to having your information revealed in this way. Vyclone will not forward a Counter Notification to any party other than the Claimant.