VINTCER End User License Agreement
Please read carefully, this VINTCER End User License Agreement (this “Terms”, “Terms of Service” or “Agreement”) contains the terms and conditions that govern the provision of our Service (as defined below), the Platform (as defined below) and the use of the Website and or it’s products i.e., https://www.vintcer.com.
This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between VINTCER on behalf of SABERLING TECHNOLOGY PRIVATE LIMITED, with Reg. No. U74999HR2016PTCO65155 (hereinafter referred to as the “Company”), and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of www.vintcer.com (hereinafter referred as the “Website”).
PLEASE AGREE TO THESE TERMS OF SERVICE BEFORE USING THE WEBSITE AND/OR SERVICES, AS THEY AFFECT YOUR RIGHTS AND LIABILITIES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY OF THE GUIDELINES, YOU MUST CEASE USE OF THE SERVICES.
Vintcer offers its Services to its Users. It shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in any Service. Without limiting the foregoing, use of and membership in the Services is void where prohibited. By using the Services, you represent and warrant that:
- (a) you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service; and
- (b) If you are using or creating a Website on or through Vintcer.com as a representative of a company or legal entity:
- you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and
- You agree that the terms “you” and “your” in this Agreement refers to your company or legal entity; and
- All registration information you submit is truthful and fully accurate; and
- You shall maintain the accuracy of such information; and
- You are at least 13 years of age; and
- Your use of the Services does not violate any applicable law or regulation.
- You acknowledge and accept that your account and Website (as applicable) may be deleted and your membership may be terminated without notice, if, at our sole discretion, we suspect that you are in violation of any of the above provisions.
2. Paid Services
Some of the Services offered on VINTCER.COM require payment of fees (“Paid Services“). If you elect to sign up for Paid Services, you agree to pay all applicable fees in connection with such Paid Services selected by you, as further described herein.
You authorize VINTCER, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Paid Services, whether directly or via third parties, at our discretion.
Vintcer reserves the right to change its rates and at any time, by publishing the revised rates on VINTCER.COM with no further notice.
By becoming a Member or a Website Creator you will also be requested to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account.
You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal action against individuals who misuse accounts and memberships on vintcer.com.
In addition, You acknowledge and accept that we shall not be liable for losses sustained by you due to unauthorized use of your account and/or Website and that you shall be fully liable for any and all costs and/or losses sustained by us or by third parties due to such unauthorized use.
4. User Data and Website Content Control
You control the Websites you create using the Services and VINTCER does not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, animation, or any other work or authorship added to or submitted with any of the foregoing (collectively, “Content“) posted by you or by Visitors or Members of your Websites.
Therefore, I VINTCER takes no responsibility for any Content located on your Website and VINTCER has no obligation to monitor such Content or your Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service or applicable law and for ensuring compliance with these Terms of Service and applicable law.
By visiting or becoming a Member of a Website created by using the Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Creator and their authorized representatives and administrators.
Similarly, by adding or using a service provided by one of our affiliates or business partners, you agree that the Content and information you or your Website Visitors or Members provide in the interactions with your Website, as well as that service, may be accessed by the respective affiliate or business partner and their authorized representatives.
We require Website Creators, affiliates, and business partners to respect your privacy settings and our privacy guidelines, but your agreement with that Website affiliate or business partner will control how they can use the Content and information shared with them.
BE SURE TO CAREFULLY READ AND UNDERSTAND THE PRIVACY SETTINGS, TERMS AND PRIVACY POLICIES OF THAT WEBSITE OR SERVICE PRIOR TO YOUR INTERACTIONS WITH SUCH WEBSITE AFFILIATE OR BUSINESS PARTNER.
Note that VINTCER cannot guarantee that such third parties will comply with their contractual requirements, and VINTCER does not assume any liability or responsibility for any third party’s actions, or for enforcing any agreements such third parties may enter into with you or with us.
As a Website Creator, you and your authorized representatives and administrators will have access to the email address of the Members of your Website, along with certain information, Content, and data provided or collected during their registration and use of your Website (“Website Member Data“). VINTCER may also provide you with access to certain Visitor data that we collect as part of our Services (collectively with Website Member Data and other data you collect, “User Data“).
- VINTCER owns all right, title and interest, including all intellectual property rights, in and to the User Data collected by us, and
- you own all right, title and interest, including all intellectual property rights, in and to the User Data collected by you.
4. The obligation to Protect User Data
If you collect or have been provided access to User Data, you hereby agree not to use, display or share User Data in a manner inconsistent with the User’s privacy settings, our Terms of Service and Guidelines, and all applicable laws and regulations. You hereby further agree that your use and disclosure of User Data shall be reasonably protective of each User’s rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data that are less stringent than the standards set forth in our privacy guidelines.
5. Proprietary Rights to Content
By displaying or publishing/posting any Content on or through the Services, you hereby grant to VINTCER a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and
make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Services. Without this license, VINTCER would be unable to provide the Services.
The license you grant to VINTCER is non-exclusive, fully paid and royalty-free, transferable and sub-licensable, and worldwide. Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on VINTCER.COM or Websites after you remove it from the Services, a portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers.
When you post any Content on a Website, you provide the Website Creator, other Members of that Website or the public in general with permission to view and use your Content depending on the Web site’s privacy settings and policies, and you shall have no claim against us in respect to such use.
The VINTCER Services contain Content of Users and other VINTCER licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner.
VINTCER Website may contain links and content of third parties not controlled or owned by us, including but not limited to affiliates or business partners of IVINTCER. You hereby acknowledge that we have no control and assume no responsibility or liability for any such content or actions of any third party, and you shall have no claim against us for any such content and/or actions.
6. Content Posted
You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and VINTCER assumes no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us by sending an email to firstname.lastname@example.org
Without assuming any obligation to do so, Vintcer may delete any Content or suspend any Website or account associated with it, that in the sole judgment of Vintcer violates this Agreement or that may be offensive or illegal or violate the rights, harm, or threaten the safety of any person. Vintcer assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time, vintcer chooses, in its sole discretion, to monitor the Services, vintcer nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Vintcer does not endorse and has no control over the Content. Content is not necessarily reviewed by Vintcer prior to posting and does not necessarily reflect the opinions or policies of Vintcer. Vintcer makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users. For the avoidance of doubt, the above mentioned refers to links to Content hosted on third party websites offered by Vintcer.com, as well.
7. Prohibited Content and Activity
The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. Vintcer reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability, if we believe you are in violation of this provision.
Vintcer further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities.
Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of Vintcer:
- interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
- may constitute or contribute to a crime or tort;
- communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
- engages in unlawful multi-level marketing, such as a pyramid scheme;
- is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
- involves sending or otherwise posting unauthorized commercial communication (such as spam);
- solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;
- solicits login information or accessing an account belonging to someone else;
- makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information;
- facilitates or encourages any violation of these Terms of Service.
8. Third Party Interaction
YOU AGREE TO COMPLY WITH THE LICENSE AND RESTRICTIONS APPLICABLE TO EACH ITEM OF CONTENT YOU POST, COPY, ACCESS, OR USE (INCLUDING THIRD PARTY CONTENT) AND WE SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY FAILURE ON YOUR PART TO COMPLY WITH THE TERMS AND CONDITIONS OF SUCH LICENSE AND RESTRICTIONS.
You further agree to abide by NameCheap’s anti-spam policy as NameCheap are our partner with respect to domains provided to you. NameCheap and/or Vintcer reserve the right to investigate and take appropriate action against anyone who, in our or NameCheap’s sole discretion (as applicable), violates the NameCheap anti-spam policy or these Terms of Service, including without limitation, immediate disconnecting of sites and deletion of accounts and legal actions.
9. Support of Your Website
As a Website Creator, you are responsible for implementing and maintaining all security and support for your Website(s), including answering questions from your Members and Visitors. If you are a Website Creator and have any question with regards to your account, please email us at email@example.com
10. Price changes and promotions
Today, our Paid Services include various options for our Website Creators such as connecting to a domain, hosting. All prices are subject to change from time to time.
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize Vintcer.com to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method“) for all charges to your accounts with Vintcer.
When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. FOR THE SERVICES, WE ONLY OFFER RECURRING PAYMENTS; THEREFORE, YOU AGREE THAT VINTCER MAY AUTOMATICALLY CHARGE THE FEE TO YOUR PAYMENT METHOD AT THE BEGINNING OF EACH RECURRING PERIOD.
For example, if you choose a monthly plan, you will be billed every month on the anniversary date of the date you clicked either of the “purchase” / “add to cart” / “subscribe”/”buy” buttons. Payment once made cannot be undone unfortunately we can’t offer you a refund.
12. Taxes and related charges
You are responsible for paying any governmental taxes imposed on your use of VINTCER.COM, including, but not limited to, sales, use, or value-added taxes. If requested, you will promptly furnish to VINTCER the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that VINTCER is obligated to collect such taxes, the applicable tax will be added to your billing account.
13. Money-Back Guarantee
Payment once made cannot be undone, unfortunately, we can’t offer you a refund. When you upgrade or purchase a premium license, we upgrade your website (account) servers and moves it to Premium AWS and Heroku account. Whenever a payment is made the money is shared with our partners- Amazon web services, Google cloud, Heroku and Yandex (For hosting, Business emails, SSL etc). So, we can’t ask them for a refund and hence we can not initiate a refund to you, That’s why Vintcer provides you an unlimited trial. You can try our platform as long as you wish without upgrading.
14. VINTCER Platform Policies
- (a) You may not use profanity or others’ trademarks in the name, domain or subdomain of your Website;
- (b) You may not edit or remove the VINTCER link at the bottom of your Website unless you purchase a Premium Service;
- (c) The VINTCER ID link may not be edited and must be available in the Sign in and Sign up pages of your Website; (applicable for Business partners only)
- (d)The VINTCER Terms of Service may not be edited and must be available on the Sign Up page of your Website. (applicable for Business partners only)
- (e)Vintcer does not offer refunds on it’s website builder plans. Please read point no.13 for more info on refund policy.
15. Copyright Infringement
Without derogating from Sections 6, 7, 8, 9 of this Agreement, you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights and you hereby agree to fully comply with the license terms and restrictions applicable to each item of such copyrighted material, trademarks, or other proprietary information.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998, as may be amended from time to time (“DMCA“).
In addition, we may terminate, without notice, the membership privileges and accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on VINTCER.COM infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing us with the following information in writing to the following email address firstname.lastname@example.org
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- your address, telephone number, and email address;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
As a Website Creator, you agree to have a policy for removing infringing Content and terminating repeat infringers that complies with the DMCA. In addition, you agree to promptly (and in any event in no later than 24 hours) address any copyright owner’s written notice (including any notices forwarded to you by VINTCER) that specified
Content posted on a Website that you control infringes that third-party’s rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to promptly comply with it to the extent required by law and to forward a copy of it to VINTCER immediately.
VINTCER may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. In all such matters, we strongly recommend that you consult your attorney to confirm your obligations under the DMCA and other applicable laws. You are solely responsible and liable for complying with all applicable laws in connection with your Website.
16. AGENCY / FREELANCERS PLAN
There are few restrictions in freelancers plan for ex. We take a short review of your website before issuing a license to your websites. Please contact us if you have any question in your mind. Feel free to contact us at email@example.com
17. Any unauthorized use of any VINTCER computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject you and your agents to civil and criminal penalties.
18. This Agreement, including links to any third party, Paid Service provider terms and conditions, constitutes the entire agreement between you and VINTCER and governs your use of VINTCER.COM, superseding any prior agreements (whether written or oral) between you and VINTCER regarding the subject matter hereof. The other Users of VINTCER.COM are intended third party beneficiaries of your obligations under this Agreement.
19. VINTCER will not be liable for non-performance or delay in performance caused by any event beyond its direct control, including, but not limited to: internet failures, electrical power failure, strikes, labor disputes, labor or material shortages, wars, terror, acts of governmental authorities, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God”. It is hereby clarified that this provision is in addition to Section 22 (Limitation of Liability).
20. In case of payment failure, you need to provide us a valid reason for payment failure. Vintcer gives you 10-15 days of time to solve all issue regarding your account and website by contacting our support team. If you failed to provide us the valid reason for payment failure in given time frame you’ll be considered as a defaulter of our agreement. Vintcer reserves the rights to block your account and you’ll be no longer allowed to log in to your account.
21. Vintcer is completely free for high school students only. Vintcer may demand ID card, school email address etc. before issuing a free license. For college students, we have special pricing, please contact firstname.lastname@example.org for more information.
22. Travel search engine
Vintcer is not affiliated with any of the service providers like hotellook.com, agoda.com, travelpayouts.com, and booking.com By creating an account on Vintcer purchasing a travel related website/services, I authorized VINTCER to take required steps to configure third-party travel search API’s and embed codes integration my website.
I understand that VINTCER cannot guarantee that such third parties will comply with their contractual requirements, and VINTCER does not assume any liability or responsibility for any third party’s actions, or for enforcing any agreements such third parties may enter into with me.
I hereby acknowledge that VINTCER has no control and assume no responsibility or liability for any such content or actions of any third party, and I shall have no claim against VINTCER for any such content and/or actions, conditions and technical or service related issues.
23. Website/Data Migration
After getting lots of migration requests from thousands of customers we are now offering free migration of website from another platform to Vintcer.
Migration of data/websites is done automatically with the help our latest technology- Artificial design intelligence. Each platform has its own technology and features, we can’t clone the exact website designs/blocks or any other design element, however, we import all of your content. After fetching your websites/content, our designer’s review and makes the required changes manually. Please be noted that website migration service is offered free of cost. Our designers will help you with changing and/or re-designing your website but up to a certain limit. Vintcer does not offer any refund for migration service please read point no 14 to know more why we can’t offer you a refund.
Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.