colourBar

vTag Acceptable Use Policy

General

This Acceptable Use Policy sets out certain of the terms under which you may access the vTag website vtag.com (the “Site”), the vTag application (the “Application”), any associated Content (as defined in the vTag Terms of Use), material or functionality contained on or accessed through the Site and Application (the “Services”), (collectively, the “System”). Our Acceptable Use Policy applies to all users of, and visitors to, the System. Your use of the System means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our vTag Terms of Use. If you do not agree to abide by this Acceptable Use Policy, do not use or access the Application or use the System. Any use of the System is at the sole risk of the user. References to “vTime”, “vTag”, “we”, “us” or “our” shall include vTime Limited and all its members, affiliates, subsidiaries, directors, officers, agents, and employees.

For the avoidance of doubt, this Acceptable Use Policy is incorporated into and made a part of the vTag Terms of Use located here (the “Terms of Use”) and, in the event of a conflict between the terms of this Acceptable Use Policy and the Terms of Use, the more stringent of the terms shall apply. In addition, the terms of this Acceptable Use Policy are subject to the privacy practices specified in the vTag Privacy Policy located here (the “Privacy Policy”). All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Terms of Use or the Privacy Policy.

Users should be aware of those with whom they are messaging and sharing their experiences and should conduct themselves accordingly. Not everyone using the System is over 18 and therefore some content may not be suitable or appropriate for those individuals, even if they are your contacts, stored on your device and even if the content does not contravene our Content Standards (defined below). You should ensure that those people with whom you message and share content are consenting and not made to feel uncomfortable. Other users may block and/or report you if they feel you contravene our Content Standards.

The System provides an online messaging and content platform. As such it is not within our ability to control each user’s experience. We cannot, for example, prevent users engaging in messaging or sharing content that some users may find upsetting, but which does not contravene our Content Standards.

Users are advised to utilise the Blocking function to ensure they are not connected to users whom they find to be disagreeable.

Users are also able to use the Reporting function.

We will keep track of blocks and reports (both by and against each user) and to what they relate. We will take any action we consider appropriate in our sole discretion for repeat offenders.

We reserve the right to record, preserve, and listen in to user messaging and shared content on the System for technical, training, or investigation purposes.

Be Aware of Your Surroundings

Our Application is designed so you can locate and retrieve messages outside as well as inside. Particularly when using our Application outside, you should always ensure you remain aware of your environment, especially at night. Exercise caution at all times and ensure you are safe and that you place any location specific messages for others to retrieve in a safe place. Please communicate safely.

By using our Application, you agree you will maintain safe and appropriate contact with other users and other people in the real world. You will not violate the rights of others when using our Services or any applicable law or regulation and you will not trespass or attempt to gain access to any location where you do not have the right or permission to do so. You agree that your use of our Services is at your own risk.

When using our Services, you agree you will not engage in any activity that may result in injury, death, property damage, nuisance or liability of any kind.

If you do not agree with these terms of acceptable use, you should stop using the System.

Be alert to possible dangers when using our Application, watch-out for hazards such as roads, traffic, other pedestrians, and dangerous locations near rivers, canals or cliff edges. Do not locate messages in dangerous places near hazards like these.

Our Application should not be used while driving a car or other vehicle or riding a bike.

Prohibited Uses

You may use the System only for lawful purposes. In addition to and without limiting the prohibitions contained in the Terms of Use, you may not use the System:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful, criminal, immoral or fraudulent, or has any unlawful, criminal, immoral or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
  • for any commercial or money-making purpose without having our written consent to do so beforehand;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • to access parts of the System that are not intended for public use;
  • to access or monitor System or any of its content other than using the System’s navigational structure and authorised functionality or for any purpose other than that expressly permitted in this Acceptable Use Policy or the Terms of Use;
  • to do anything which places an unreasonably large load on the System or its supporting computer systems;
  • to attempt to disrupt or interfere with the System in any way or with another person’s use of the System, or use the System as a means of disrupting or interfering with other websites or applications;
  • to probe, scan or test the vulnerability of the System or any network connected to it; or
  • to wilfully corrupt any data, documents or material available on the System or insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to the System, us or other users or which is likely to bring the System, or us into disrepute.

All the above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojan horses, viruses, unauthorised, malicious or harmful code or other harmful software. Some of the acts described above may be criminal acts under the UK’s Computer Misuse Act 1990, the U.S. Computer Fraud and Abuse Act of 1986 or other applicable laws.

You also agree:

  • not to reproduce, duplicate, copy, scrape or re-sell any part of the System in contravention of the provisions of the Terms of Use.
  • not to access without authority, interfere with, damage or disrupt:
    • any part of the System;
    • any equipment or network on which any portion of the System is stored;
    • any software used in the provision of the System; or
    • any equipment or network or software owned or used by any third party through access to or use of the System.
    • not to assist, encourage or permit any other person to do any of the acts described above.

Interactive Services

We may from time to time provide the following interactive services (the “Interactive Services”) within the System, including, without limitation:

  • character/avatar customisation and appearance;
  • file sharing
  • provision of or purchasing of Virtual Money and Virtual Goods (as explained and defined in our Terms of Use)
  • experiences
  • synchronous chat
  • photograph and video features;
  • spectator features.

Where we do provide any Interactive Service, we will provide clear information to you about the kind of Interactive Service offered, if such Interactive Services are moderated and what form of moderation is used (including whether it is human or technical).

We will make commercially reasonable efforts to assess possible risks for users from third parties when users use any Interactive Services (noting that users under 16 are not permitted to use the Services), and we will decide in each case whether it is appropriate to use moderation of the relevant Interactive Service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on the System, and we expressly exclude and disclaim any liability for any loss or damage arising from the use of any Interactive Services by a user, whether the Interactive Service is moderated or not.

Our Application and related services are not intended for anyone under 16 years of age and accordingly, children are not permitted to use our Interactive Services, even if they have consent of a parent or guardian.

Where we do moderate an Interactive Service, we may provide users with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards (the “Content Standards”) apply to any Submissions (as defined in the Terms of Use), as well as any and all material, information, communications, or other content which you submit via the Interactive Services (the “Contributions”).

You agree to comply with the following Content Standards that apply to each Contribution and Submission, in whole or in part.

Contributions and Submissions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trademark or other intellectual property right, data protection or privacy rights of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from or are endorsed or connected with vTime Limited, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and Termination

If we determine, in our sole discretion, that a breach of this Acceptable Use Policy has occurred, we may take such actions as we deem appropriate in response to such breach. Failure to comply with our Acceptable Use Policy constitutes a material breach of the Terms of Use upon which you are permitted to use the System and may result in any of the following (to be determined at our sole discretion):

  • immediate, temporary or permanent withdrawal of your right to access or use the System;
  • immediate, temporary or permanent removal of any Submissions and (to the extent possible) Contributions;
  • issuance of a warning to you;
  • pursuit by vTime Limited of legal proceedings against you for payment of any indemnification obligations arising out of or resulting from the breach (in accordance with the indemnification provision specified in the Terms of Use);
  • pursuit by vTime Limited of further legal action against you as necessary to enforce our legal rights or remedies against you; and
  • disclosure of information, Contributions, or Submissions to law enforcement authorities as we feel is necessary and in accordance with the Privacy Policy.

We disclaim any liability for actions taken by us in response to breaches of our Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we deem appropriate to respond to a breach.

Changes to the Acceptable Use Policy

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the System. All such revisions are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Acceptable Use Policy on the System, or providing other notice via the System. We expressly reserve the right to make any changes to this Acceptable Use Policy at any time, without prior notice to you. Our electronically or otherwise properly stored copies of this Acceptable Use Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of the Acceptable Use Policy which were in force on each respective date you visited the System.

Reporting Violations

You may wish to report violations of this Policy such as:

  • illegal content or behaviour;
  • bullying, threats, abuse or harassment;
  • other violation of your rights;
  • underage users;
  • imposters; or
  • misleading or abusive content, including usernames.

We reserve the right to remove Contributions or Submissions alleged to be infringing or in breach of this Policy without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.

Our designated contact for reporting alleged breaches of our Acceptable Use Policy, Content Standards or Terms of Use for the services is:

  • FAO: Customer Services
  • vTime Limited
  • 5th Floor Elevator Building, 25-27 Parliament Street, Liverpool, Merseyside L8 5RN, UK
  • Email: feedback@vtag.com

Blocking Function

As well as reporting other users, you can block and unblock users and provide reasons for taking such action. For persistent users of the blocking and unblocking functions, the ability to reblock a particular user may be suspended for longer than one month.

Sanctions

As standard we will operate a three strikes rule before suspending any user’s account, but this may depend on the severity of the activity and the regularity. Some behaviour may result in an instant permanent ban, other behaviour may be temporary or banned pending further investigation to be determined at our sole discretion. We may also take similar action against any user considered, at our sole discretion, to be misusing the blocking or reporting functions.

For non-severe reports, we intend, at our sole discretion, to remove the report from the user’s account after six months.

This policy was last updated on July 4th, 2020.