Intellectual Property Policy

1.1 Ownership

Vendora owns or has license to all rights, title, interest, copyright and other worldwide intellectual property and trade secret rights in and to the Services (including all derivatives or improvements thereof). You may voluntarily submit suggestions, enhancement requests, ideas, feedback, recommendations or other input about the Services (“Feedback”) at any time. You irrevocably assign all right, title, interest and other worldwide intellectual property rights in and to the Feedback to Vendora, Inc., and acknowledge that we are free to use, disclose, reproduce and otherwise exploit any and all Feedback provided by you relating to the Services in our sole discretion, entirely without obligation or restriction of any kind. Any rights not expressly granted herein are reserved by Vendora.

1.2. User Content

Vendora retains all rights, title and interest in and to any text, graphics, videos, images or other data that you upload to the Services (“User Content”). You grant to Vendora an excusive, transferable, royalty-free, fully paid-up, worldwide license to access, use, copy, modify (including the right to create derivative works of), share, display and transmit User Content for the purpose of our providing the Services and in accordance with our Privacy Policy. You are solely responsible for the accuracy, quality, content, and legality of User Content, the means by which User Content is acquired, and any transfer of User Content outside of the Services by you or any third-party authorized by you. You represent, warrant and covenant that you have all rights necessary to upload the User Content to the Services and to otherwise have such User Content used or shared, as applicable, in relation to the Services.

1.3. Third-Party Content

Through your use of the Services you may be presented with material provided by third parties, not owned or controlled by us, from our partners, Merchants, and/or from other users of the Services, including but not limited to links to websites or other materials, software, text, graphics, videos, images, or advertising content (collectively referred to as “Third-Party Content”). All Third-Party Content and the Services are protected by United States and foreign intellectual property laws. Unauthorized use of the Services and/or Third-Party Content may result in violation of copyright, trademark, and other laws. Except as expressly provided herein, you have no rights in or to the Services or Third-Party Content, and you will not use, copy or display the Services or Third-Party Content except as permitted under these Terms. No other use of the Services or Third-Party Content is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the Services and Third-Party Content. You may not sell, transfer, assign, license, sublicense, or modify the Third-Party Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Third-Party Content in any way for any public or commercial purpose other than as permitted hereunder. The use or posting of any of the Third-Party Content on any other platform, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Service, your right to access and/or use the Third-Party Content and Services will automatically terminate.

1.4. Monitoring and Removal of Content

We may not review, pre-screen or filter all User Content, or Third-Party Content, but we do reserve the right to delete or refuse to accept any User Content or Third-Party Content in our sole discretion. In addition, we have the right (but not the obligation) in our sole discretion to reject or delete any content that we reasonably consider to be in violation of these Terms or Applicable Law and Rules.

1.5. Third-Party Content Precautions

We do not guarantee the accuracy, integrity or quality of any Third-Party Content, regardless of whether such products or services are designated as “certified,” “validated” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Content, you fully assume the risk of doing so. Under no circumstances will Vendora be liable in any way for any Third-Party Content, including liability for any errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked or otherwise transmitted via the Services.

2.0. Acceptable Use.

You further agree you will not use the Vendora Services, or encourage, promote, facilitate, or instruct others to use the Vendora Services, to send messages that contain, offer, promote, reference, or link to any content prohibited by any applicable federal, state, or local laws (including the CAN-SPAM Act, Telephone Consumer Protection Act, and the Telemarketing Sales Rule), any rules, requirements, and policies of any telecommunication providers, or to any of the following categories of activities or information:

1.         Illegal, Fraudulent, or Harmful Activities. Any activities that are illegal, violate the rights of others, or may be harmful to others and/or to Vendora, our operations, or reputation, including any illegal lottery, phishing or pharming activity, or malicious content (including malware or viruses).

2.         Infringing Content. Content, including images, that infringes or has the potential to infringe the intellectual property, privacy, or other proprietary rights of another, or that may be libelous, slanderous, or otherwise defamatory.

3.         Evasive Content. Content that is designed to evade filters, detection, monitoring, rate limits, and other content or service restrictions, including those imposed or managed by telecommunications providers, partners, or vendors.

4.         Spam. Content that is sent using spam bots or other similar systems, has altered or hidden mail headers, falsely identifies the sender, or assumes a sender’s identity without permission. You agree that you will not create a false identity or attempt to mislead others regarding the identity of the sender or the origin of any data or communications.

We reserve the right, but do not assume any obligation, to monitor your content, and to investigate any violation of this Agreement. We may disable, suspend, or terminate access to any user, content, or resource that violates these terms or any other agreement we have with you for use of the Vendora Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

‍2.1. Copyright and Trademark Policy

If you believe that third-party material hosted by Vendora on any of our platforms infringes your copyright or trademark rights, please file a notice of infringement, please contact support@vendora.io. Please read this entire document before submitting a notice.

Copyright/Trademark Infringement Notice - Framework and Requirements

The Digital Millennium Copyright Act (“DMCA”) requires hosting providers to remove or disable access to potentially infringing content upon receipt of a notice that meets certain requirements. For content hosted by Vendora, Vendora’s policy is to comply with notices alleging copyright infringement pursuant to the DMCA.  Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. Vendora applies a similar framework to allegations of trademark infringement.

We send a copy of each notice we receive to the alleged infringer, if applicable.

To submit a notice alleging trademark or copyright infringement, you need to provide us with the following information:

1.         An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;

2.         A description of the material that you claim has been infringed: a. For copyright, please identify and describe the copyrighted work, and provide a URL where we can see an example of the copyrighted work; b. For trademark rights, include the basis for your claim, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services for which you claim rights;

3.         Identification of the claimed infringing material, including the URL(s)of such material on Vendora’s applications, websites, or services;

4.         Contact information, including the name of the owner of the copyright or trademark at issue and your name, title, address, telephone number, and email address;

5.         A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or the law; and

6.         A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.

Submitting a Copyright/Trademark Infringement Notice

If you believe that third-party material hosted by, posted on, or accessible through Vendora’s applications, websites, and services infringes your copyright or trademark rights, please send a notice of infringement to Vendora’s designated agent by emailing support@vendora.io.

By submitting the infringement notice, you acknowledge and agree that Vendora or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.

Copyright laws of the United States require you to consider copyright defenses, limitations, or exceptions, such as the fair use doctrine, before sending a notice. If you are not sure whether the material infringes your copyright or whether the fair use doctrine applies, we suggest you contact an attorney. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys’ fees incurred by us or our merchants, if you knowingly and materially misrepresent that an activity or material is infringing.

While sending us an email is the easiest and quickest way to submit your notice to us, if you prefer, you may also write to Vendora’s designated agent at the following address. If you write to us, please be sure to provide all the information listed above.

Virtual Fulfillment Technologies, Inc.

169 Madison Ave #2425

New York, NY 10016

Submitting a Counter-Notice to Challenge a Copyright/Trademark Infringement Notice

If your material has been removed or disabled as a result of an infringement notice and you believe that your material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to Vendora’s designated agent at the address above.

The counter-notice must include:

1.         Your physical or electronic signature;

2.         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;

3.         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;

4.         Your name, address, and telephone number; and

5.         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 Vendora may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

Vendora or its designated agent will forward your counter-notice to the party who submitted the infringement notice. If the copyright or trademark owner does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from Vendora, then Vendora may reinstate the removed or disabled material.

Right of Publicity and Personal Likeness Infringement Policy

If you believe that content hosted by, posted on, or accessible through Vendora’s applications, websites or services uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns. If that does not resolve your concerns, you may send us an email at support@vendora.io.

Repeat Infringer Policy

Vendora’s policy is to suspend or terminate the accounts of repeat infringers. The manner in which we apply that policy may depend on relevant aggravating or mitigating circumstances, if any, but generally we will terminate an account if it is the subject of three valid infringement notices.

Vendora’s Trademarks, Logos and Brands Restrictions on Use

We love all of the passion and enthusiasm for Vendora and our products and services, but we must be mindful of our brand identity, our reputation, and the goodwill developed under our trademarks, logos, product designs, trade dresses, user interfaces, and other assets. That means that we must ensure that these assets are used only with our permission. For example, only Vendora (and its affiliated companies) and its authorized licensees may use the Vendora Logo in advertising, promotional, and sales materials. Licensees may use Vendora assets only as specified in their agreement with Vendora and pursuant to applicable guidelines. Developers and businesses that use Vendora payment processing services on their websites may use specific Vendora trademark assets pursuant to Vendora’s Terms of Use.

If you have any questions, or if you see our trademarks being misused, please contact Vendora’s trademark department: support@vendora.io. 

Third-Party Trademarks

Google, Apple, the Google and Apple logos, iPhone and iPad are trademarks of Google and Apple Inc., registered in the U.S. and other countries. Google Play Store and App Store are service marks of Google and Apple Inc. Other trademarks and brands are the properties of their respective owners.