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Terms and Conditions

 

Vanilla Umbrella

 

These Terms and Conditions govern your participation in and use of the Vanilla Umbrella app (“the App”) and any other app, website or web pages or other electronic services operated by Vanilla Mobile Limited (“the Services”). These terms and conditions (“Terms”) set out the terms of your relationship with Vanilla Mobile Limited (“we”, “us” or “Vanilla Umbrella”). Please read these terms carefully as they affect your rights and obligations under the law.

 

If you do not agree to these Terms in full, If at any point you no longer agree with any of the existing Terms or don’t agree with any revisions we have made to these Terms, please stop using the Services. If you continue to use the Services, it will be considered to be your agreement to the Terms as they are at any given date during your use of the Services.

 

Please also see our Privacy and Data Protection Policy for information about how we collect and use any data you enter into our system.

1. Introduction

 

1.1 Vanilla Umbrella, through its App and Services provides community, networking, connection and dating services for individuals.

 

1.2 The Services are operated by Vanilla Mobile Limited (“we” or “us”) and membership is open to individuals who register with the Services and meet our security requirements. 

 

1.3 These terms will apply to registered members, subscribers and casual users of the Services (“you”).

 

1.4 Whichever level of registration you choose you will be bound by these terms and conditions in full and you also agree to be bound by the terms of our policies including the following:

 

  • Privacy policy which explains the use we are authorised to make of your personal information and recommends steps you should take to protect your privacy.

 

  • Content policy which informs you of the audio, photographic and video content you may and may not distribute via the App and Services and explains where such content should be posted.

 

  • Safety policy which contains recommended steps you should take to ensure your safety when using the Services and when meeting in person someone you have met using the Services.

 

Your privacy is important to us. Please carefully review these policies.

Please note that these policies are incorporated into these Terms.

 

1.5 Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Services. In continuing to use the Services you confirm that you accept the then current terms and conditions in full at the time you use the Services.You also agree that the Services provider company or its representatives shall not be liable to you or any third party for any change or modification to these terms.

 

2. Registration and Subscription

 

2.1 We have a number of security features designed to make our Services as safe and secure as possible. These features require that new users are permitted to register by invitation-only or that you are required to provide more information than typically required for an online service, or that third party verification is required. We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason.

 

2.2 We offer two levels of registration – you may choose to register either as a free user or VIP member. VIP memberships are subject to subscription charges which we will collect via in-app purchases, Paypal, debit or credit card or such other means as we may specify. Different services and functionality will be available for each level of registration. We may also add new subscription types. One month subscription means 30 calendar days.

 

2.3 We reserve the right to add or remove services and functionality from any subscription type or to add or remove subscription types. We also reserve the right to change our subscription periods, add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability. We also reserve the right to change our subscription periods. When we change our subscription types or subscription periods you will be entitled to keep your existing subscription until the end of your then-current subscription period and at the end of that period you will be required to subscribe on the new basis.

 

2.4 We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once a trial period ends if you do not take out a subscription we reserve the right to withdraw your access to the features in the Service that are only available to registered VIP users. We may, at our sole discretion, extend any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time.

 

2.5 We may offer ways to get benefits for free by performing certain actions in the app (ex: for filling in your profile, for inviting friends etc.). You may use those actions to get the free benefits but you are not allowed to abuse them and cheat in order to get free benefits (ex: to invite yourself and create duplicate accounts to earn extra free credits). For any such cheats, your account shall be penalized or banned at our discretion and you shall not be refunded any previous active or inactive in app purchases. You are the only person responsible for your account and how it is used, so any blame on third parties that have allegedly used your phone at the time of the action are not valid and shall be discarded.

 

2.6 Your subscription will last for the agreed subscription period. Unless you expressly request otherwise we will send you an email towards the end of your subscription inviting you to re-subscribe and unless you opt not to re-subscribe we will be entitled to charge your debit or credit card with the subscription fees for the next subscription period.

 

2.7 If your account has been blocked from the Service due to breakage of any of our policies, you will not be refunded for any purchases you have made under any circumstances.

 

2.8 Refunds based on having any other expectations from the purchase than the ones described in the presentation page of the purchasein the app will not be granted.

 

3.   Personal Information and Security

 

3.1 When you register as a member we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Data Protection Policy which can be seen [Here (in-text to Privacy Policy)].

 

3.2 If you register to use the Services as a member you will have to create a password and unique PIN. In order to prevent fraud and abuse, you must keep this password and PIN confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.

 

3.3 You agree that all information supplied on registration and your membership profile will be kept up to date at all times. We will use the information provided to us to contact you. You are required to provide us with a valid email address and (where required) your name and invitation code.

 

3.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Services or the App through your account or the use of your password, we may notify you by email and require you to change your passwords on our system and with your other suppliers, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Services.

 

3.5 You may not have more than one profile.  We reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one profile at any time

 

3.6 Users may block other users from contacting them through the Services.  

 

3.7 You are not entitled to allow any other person to use or borrow your log in or profile, any additional user must register separately.

 

3.8 You may not impersonate any other person in any profile whether or not that other person is a user of the Services.

 

4. Use and Abuse of the Services

 

4.1 You must be 18 or over to use the Services without exception and if the age of majority in your country is over-18 you must have reached the age of majority or adulthood to use the Services.

 

4.2 Any information published on the Services by you will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content.

 

4.3 Please note that certain content (including images) will be publicly available. In addition you may share private content with registered members for up to 14 days, where you have given permission for the sharing of private content. All content must abide by the terms of our Content Policy.

 

4.4 Please note that we cannot prevent a user from taking a copy of any message you send or share using the Services and we urge you to take necessary precautions. If a user chooses to delete a conversation through the Services, then the conversation will be deleted from both inboxes and as such any messages which you have in your inbox may be deleted without your consent.

 

4,3 You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent, content or any content which breaches the terms of our Content Policy(in-text link to content policy). If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Services we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Services and terminating your membership and/or subscription.

 

4.4    You agree that you will not:

 

  • solicit log-in information or access an account belonging to someone else;
  • bully, intimidate, or harass any user of the Services;
  • do anything illegal, unlawful, misleading, malicious, or discriminatory using the Services;
  • do anything to suggest, express or imply that statements made by you are endorsed by us;
  • impersonate any other person whether or not that other person is a user of the Service.

 

4.5 We also reserve the right at our discretion to remove any content from the Services, terminate your membership and/or subscription and restrict your access to our services at any time for any reason.

 

4.6 In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Services.

 

4.7 If you come across any offensive, inaccurate or damaging material on the Services or if you are subject to any form of abuse or harassment we ask that you contact our administrator immediately to report the abuse by using the report buttons.

 

4.9  You agree not to upload any files or post or publish any on the Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's device.

 

5. Advertising and Commercial Use

 

5.1 Users of the Service are not entitled to directly advertise to or solicit the custom of other users without our express written consent.

 

5.2 You are not entitled to resell or commercially exploit the contents of the Services other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.

 

5.3 In the event that you are found by us to have been sending unsolicited/abusive messages to our users in contravention of the Privacy and Electronic Communications Regulations 2003 or other regulations then we reserve the right to terminate without notice your use of the Services without limiting any other rights and remedies we may have.

 

6. Disputes and Harassment

 

6.1 You will be responsible for communications with other users. If a dispute arises between users of the Services then we reserve the right to adjudicate such dispute and take such action as we consider necessary. Please note that we are under no obligation to adjudicate any such dispute.

 

6.2 Please also note that we do not screen users or subscribers on an individual basis although we may implement certain security features and we will review reports which are lodged by users.

 

7. Off-Line Contacts and Safety

 

7.1 If you arrange to meet another user of the Services then you must ensure that you take adequate safety precautions. Please see our Safety Policy. We also advise that you consider very carefully whether and when it is appropriate to supply personal contact information such as your address details to other users.   

 

7.2 We are unable to take any steps to protect you if you decide to meet another user of the Services. As such we will not be responsible for any property damage, theft, injury, assault, rape or sexual assault or any other losses or damage you may suffer as a result. 

 

8. Our Liability

 

8.1 We will operate the Services with the reasonable skill and care of an online service provider. Services provided do not extend to detailed monitoring or supervision of content, membership or contacts and communications between users of the Services.

 

8.2 From time to time it may be necessary to suspend access to the Services for a period of time and any such interruptions shall not constitute a breach by us of these terms. Our liability to you for breach of contract will be strictly limited to the subscription price actually paid by you to us.

 

8.3 We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Services whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable if content you have posted and stored on the Services is lost, corrupted or damaged.

 

8.4 The Services allows members to use the Services without detailed oversight or monitoring. While we put systems in place to allow for users and other third parties to report harassment, improper use of the Services and distribution of offensive, inaccurate, misleading, defamatory, fraudulent or illegal content, we do not make any warranties or guarantees in relation to use of the Services. If we are legitimately informed of any abuse or infringement of these terms in accordance with clause 14 we will attempt to resolve the matter and we may delete the relevant account and/ or removing inappropriate content as soon as we can. We exclude all liability to the fullest extent permitted by law.

 

8.5 Subject to paragraph 8.6, our liability to any user is limited to a maximum amount equal to the total charges paid by such user in the previous 12 months.

 

8.6 Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence but please note that we do not and cannot monitor or review any offline contact you have with any User.

 

8.7 You are solely responsible for your interactions in the Services with other players and any other parties with whom you interact through the Services and/or Vanilla Umbrella services. The Services provider reserves the right, but has no obligation, to become involved in any way with these disputes. As a condition of using the Services, you release the Services provider (and the Services provider 's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Services.

 

9. Cancellation and Termination

 

9.1 If you wish to cancel your subscription or membership, please notify us and we will delete your profile from the Services. We will not refund any in-app purchase in the event of termination.

 

10. Intellectual Property

 

10.1 By providing content for distribution by our Services you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to you.

 

10.2 The format and content of the Services is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services.

 

10.3 The App and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the App without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this App without our express written consent.

 

11. Notice and Take-Down

 

11.1 We will make all reasonable efforts to delete accounts which are being used in breach of our terms and conditions and to identify and remove content that is defamatory or infringing on intellectual property rights or otherwise in breach of our media policy when we are notified but we cannot be responsible if you have failed to provide the relevant information.

 

11.2 In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to support@vanilla-umbrella.com including the following:

  • Your full name and contact details, including postal address, telephone number and e-mail address;
  • The location where the defamatory or infringing content appears;
  • The content that you believe is defamatory or infringing on intellectual property rights;
  • The reasons that you believe the content is defamatory or infringing on intellectual property rights;
  • A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
  • A signed declaration truth in respect of the information in the notice.

 

11.3 Any statement made under this clause 11 may be used in court proceedings.

 

12. International Use

 

12.1 You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located.

 

13. General

 

13.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

 

13.2 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach that same breach at a later date..

 

13.3 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control. .For any breaches of policies associated to your account, your account shall be penalized or banned at our discretion and you shall not be refunded any previous active or inactive in app purchases. You are the only person responsible for your account and device and how it is used, so any blame on third parties that have allegedly used your account or phone at the time of the action are not valid and shall be discarded.

 

13.4 We may make changes to the format of the Services, services provided or to the Site’s content at any time without notice.

 

13.5 You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, Vanilla Umbrella shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any Vanilla Umbrella Content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages.

 

13.6 You agree to defend, indemnify and hold harmless Vanilla Umbrella and the Vanilla Umbrella Services provider, its associates (subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related (a) your use of the Services, (b) any player content or submission you post, store or otherwise transmit on or through the Services, (c) your violation of these Terms and/or any other Vanilla Umbrella terms, policies, or agreements, (d) your violation of any other persons rights, or (e) your conduct in connection with the Services.

 

14. You agree that the provisions of these Terms will survive any termination of your account or of the Services. The Services and all related Services are provided by Vanilla Umbrella and the Vanilla Umbrella Services provider company (“the Services provider”) on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. The Services provider does now warrant that any information is complete or accurate, that the Services will be uninterrupted or error free or that any information is free of viruses and/or rogue or malicious programming. Under no circumstances, including negligence, shall the Services provider or its associates as specified in 13.6 be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the Services, including without limitation use of or reliance on information available on the Services, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance. In no event shall the aggregate liability of the Services provider, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services exceed any compensation you pay, if any, to the Services provider for access to or use of the Services. You hereby release and waive any and all claims and/or liability against Vanilla Umbrella or Vanilla Umbrella Services provider or its associates as specified in 13.6 arising from or in connection with your use of the Services. You also agree to defend, indemnify and hold harmless Vanilla Umbrella or Vanilla Umbrella Services provider or its associates as specified in 13.6 from and against any and all claims or liability, including costs and attorney fees, arising from or in connection with your use or impossibility to use the Services or failure to abide by applicable law.

 

15. Enforceability

 

15.1 In the event any provision of these Terms are declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.

 

15.2 The failure of Vanilla Umbrella or Vanilla Umbrella Services provider or its associates as specified in 13.6 to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.

 

16. Rooted/Jailbreaked devices (devices where the original factory operating system has been tampered with)

 

16.1 We do not offer any support and we are likely to discontinue providing the Services to any users who use rooted/jailbreaked devices, especially if they tried to acquire benefits that would normally be available only via in app purchasesusing systems designed to override and skip the official payment systems.

Home - Terms and Conditions - Content Policy - Privacy Policy - Safety Policy - Contact

We are committed to making the online kink & fetish networking and dating world a better place.

We know that all of you, just like every other person, dream of finding the right one to spend your life with, ideally a person with similar interests behind closed doors.

We also know that it’s difficult, to say the least, to bring up such a topic in a conversation. Even after years of relationship.

That is, of course, unless you have met on Vanilla Umbrella.

Thus, we promise you, our efforts will focus on offering our users:

• an engaging, private, safe and easy platform to network and/or date with likeminded people nearby •

• manual filtering of all reports (please report any users that go against our policies) •

• no pro and fin doms/dommes allowed until we launch the special pro and fin dom/domme modules •

• many, many exciting features in the app for you to explore and enjoy •

All Rights Reserved - Vanilla Mobile LTD, Jan 2015

UNDER CONSTRUCTION

• find people nearby •

• play our matching game, it’s a great way to break the ice and start a chat with other users •

• use our live radar to see where other users are around you •

• search using a wide variety of criteria, fetishes included •

• stay SAFE and enjoy the security of your guaranteed PRIVACY while doing all that •

All Rights Reserved - Vanilla Mobile LTD, Jan 2015