INTELLIGRATION LLC TERMS OF USE

Last Updated: September 30, 2015

Your Acceptance

Thanks for using Vestly™! These terms of use (“Terms of Use“) cover your use and access to Intelligration LLC (“Intelligration“, “us“, “we” or “our“) mobile applications and services, including the Vestly™ mobile app (collectively, “Mobile Apps“). By accessing, using, or contributing to our Mobile Apps, you signify your agreement to these Terms of Use and our Privacy Statement, found at www.vestlygame.com and incorporated herein. Please read the Terms of Use and Privacy Statement carefully before accessing, using, or contributing to our Mobile Apps. If you do not agree to be bound by these Terms of Use, please promptly exit the blog.

Intelligration reserves the right to change these Terms of Use from time to time, as necessary. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version found at the Terms of Use link within our Mobile Apps. Intelligration may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Our Mobile Apps

These Terms of Use apply to all users of our Mobile Apps (“Users“), including users who contribute Content on our Mobile Apps (“User Content“).

Our Mobile Apps contain links to third-party websites that are not owned or controlled by Intelligration. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Intelligration will not and cannot censor or edit the content of any third-party website or apps. By accessing, using, or contributing to our Mobile Apps, you expressly relieve Intelligration from any and all liability arising from your use of any third-party website or apps. We encourage you to be aware when you leave our Mobile Apps and to read the terms and conditions and privacy policy of each other website or app that you visit.

User Accounts

In order to access some features of our Mobile Apps, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Intelligration immediately of any breach of security or unauthorized use of your account. Although Intelligration will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Intelligration or others due to such unauthorized use.

Acceptable Use and Restrictions – General

Intelligration hereby grants you permission to access, use and contribute to our Mobile Apps as set forth in these Terms of Use, provided that:

  • All right, title, and interest in and to our Mobile Apps (excluding User Content) are and will remain the exclusive property of Intelligration and its licensors. Our Mobile Apps are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Use gives you a right to use the Vestly™ and Intelligration names or any of the Intelligration trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Intelligration, or our Mobile Apps is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
  • You agree not to use our Mobile Apps for any of the following commercial uses unless you obtain Intelligration’s prior written approval:
    • The sale of access to our Mobile Apps; or
    • The sale of advertising, sponsorships, or promotions placed on or within our Mobile Apps or Content.
  • You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Mobile Apps in a manner that sends more request messages to the Intelligration 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.
  • You agree not to collect or harvest any personally identifiable information, including account names, from our Mobile Apps, nor to use the communication systems provided by our Mobile Apps (e.g., comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our Mobile Apps with respect to User Content.
  • In your use of our Mobile Apps, you will comply with all applicable laws.
  • Intelligration reserves the right to discontinue any aspect of our Mobile Apps at any time.

Acceptable Use and Restrictions – Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content found on our Mobile Apps:

  • Content is provided to you AS IS. You may access content for your information and educational use solely as intended through the provided functionality of our Mobile Apps and as permitted under these Terms of Use. Intelligration and its licensors reserve all rights not expressly granted in and to our Mobile Apps and the content found therein.
  • You agree not to circumvent, disable or otherwise interfere with security-related features of our Mobile Apps or features that prevent or restrict use or copying of any content or enforce limitations on use of our Mobile Apps or the content therein.
  • You understand that when using our Mobile Apps, you may be exposed to content from a variety of sources, and that Intelligration is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Intelligration with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Intelligration, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of our Mobile Apps.
  • Intelligration does not endorse any content submitted to our Mobile Apps by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Intelligration expressly disclaims any and all liability in connection with such content.
  • Any software that is made available via our Mobile Apps shall be governed by the terms of the license agreement that accompanies the software or is posted with the software download or at our Mobile Apps page where the software can be accessed; provided, however, if no such license agreement is made available, we grant you a revocable, worldwide, royalty-fee, non-assignable, non-exclusive license to use the software for your personal, noncommercial use in accordance with the Terms of Use. In the event of any inconsistency between the Terms of Use and any license agreement, the license agreement shall govern in relation to the software.

Acceptable Use and Restrictions – Your Content and Conduct

With respect to User Content and conduct, you further understand and agree to the following:

  • As an Intelligration account holder you may submit User Content to our Mobile Apps, including user comments, stock picks and reviews. You understand that Intelligration does not guarantee any confidentiality with respect to any User Content you submit.
  • You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on our Mobile Apps. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to Intelligration all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on our Mobile Apps pursuant to these Terms of Use.
  • You retain all of your ownership rights in your User Content. However, by submitting User Content to Intelligration, you hereby grant Intelligration a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Mobile Apps and Intelligrations’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Mobile Apps (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of our Mobile Apps a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your User Content through our Mobile Apps, and to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content as permitted under these Terms of Use.
  • User Content you submit to our Mobile Apps 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 Intelligration all of the license rights granted herein.
  • You will not submit to our Mobile Apps any User Content or other material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise contrary to applicable local, national, and international laws and regulations.
  • Intelligration does not permit copyright infringing activities and infringement of intellectual property rights on our Mobile Apps, and Intelligration will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Intelligration reserves the right to remove Content without prior notice.

User Account Termination

Intelligration will terminate a User’s access to our Mobile Apps if, under appropriate circumstances, the User is determined to be an infringer of these Terms of Use. Intelligration reserves the right to decide whether User Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or privacy violations. Intelligration may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a user’s account for submitting such material in violation of these Terms of Use.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • 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 work claimed to have been infringed, or, if multiple copyrighted 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 and information reasonably sufficient to permit Intelligration to locate the material;
  • Information reasonably sufficient to permit Intelligration to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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 owner, its agent, or the law; and
  • 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.

You may direct copyright infringement notifications to our DMCA Agent at Intelligration LLC, 1732 1st Ave, #29598, New York, NY 10128, or via email to vestly@intelligrationllc.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF OUR MOBILE APPS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Intelligration, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR MOBILE APPS AND YOUR USE THEREOF. Intelligration MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS MOBILE APP’S CONTENT OR THE CONTENT OF ANY SITES/APPS LINKED TO THIS MOBILE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APPS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APPS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APPS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR MOBILE APPS. Intelligration DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR MOBILE APPS OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Intelligration WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability and Indemnity

IN NO EVENT SHALL Intelligration, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APPS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APPS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APPS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR MOBILE APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Intelligration 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.

Our Mobile Apps are controlled and offered by Intelligration from its facilities in the United States of America. Intelligration makes no representations that our Mobile Apps are appropriate or available for use in other locations. Those who access or use our Mobile Apps from other jurisdictions do so at their own volition and are responsible for compliance with local law.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Intelligration, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Mobile Apps; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of our Mobile Apps.

Ability to Accept Terms of Use

You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, our Mobile Apps are not intended for children under 13. If you are under 13 years of age, then please do not use our Mobile Apps.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you unless specifically permitted under these Terms of Use, but may be assigned by Intelligration without restriction.

General

You further understand and agree that:

  • These Terms of Use shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Intelligration that arises in whole or in part from our Mobile Apps shall be decided exclusively by a court of competent jurisdiction located in New Castle County, Delaware.
  • These Terms of Use, together with the Privacy Statement, found at www.vestlygame.com and incorporated herein, and any other legal notices published by Intelligration on our Mobile Apps, shall constitute the entire agreement between you and Intelligration concerning our Mobile Apps. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Intelligration’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision;
  • Intelligration reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of our Mobile Apps following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms; and
  • YOU AND Intelligration AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR MOBILE APPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.