1. ACCEPTANCE OF TERMS
Village Connect, a web-based Community Platform provided by 3rdArm, Inc., is part of a family of products referred to as “Village Connect Solutions (VCS).” Users of “Village Connect Solutions” (an individual or business) are subject to the following Terms of Service ("TOS"). 3rdArm, Inc. reserves the right to update the TOS at any time. The most current version of the TOS can always be reviewed by clicking on the "Terms of Service" link located at the bottom of our web pages.
A. This Agreement sets forth the terms and conditions that apply to the use of Village Connect Solutions by the User. By using “Village Connect Solutions”. (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use “Village Connect Solutions” is personal to the User and is not transferable to any other person or entity. The User is responsible for all use of their Account where applicable (under any screen name or password) and for ensuring that all use of their Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of their credentials and/or password(s).
B. 3rdArm, Inc. shall have the right at any time to change or discontinue any aspect or feature of “Village Connect Solutions,” including content, design, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
3rdArm, Inc. shall have the right at any time to change or modify the terms and conditions applicable to the User's use of “Village Connect Solutions,” or any part thereof, or to impose new conditions, including, but not limited to, adding/updating fees and charges for use. Such changes, modifications, additions, or deletions shall be effective upon notice thereof, which may be given by means including, but not limited to, posting on the company website, by electronic mail, or by any other means by which the User obtains notice thereof. Any use of Village Connect Solutions by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications, or additions. Any automatic credit card authorization is deemed to be updated to be an acceptance of any raise or change in price after such notice has been provided.
3. DESCRIPTION OF SERVICES
Through its web-based solution, 3rdArm, Inc. provides Users with access to a variety of resources, including third-party provider listings, provider offerings and service information (collectively "Services") as well as a portal for third-party retailers, supplier, and service providers to manage their profiles and maintain coupons and deals, events and activities, jobs and projects, products, services and spaces, available bookings, etc. Users are able to engage with listed businesses by sending referrals, sending requests, purchasing items or services, booking appointments, collaborating on projects, co-marketing etc. Terms and ongoing communications with third-party providers are agreed upon directly between the User and third-party providers and are not part of the service provided by 3rdArm, Inc. 3rdArm, Inc. is not responsible for the performance of Users or third-party providers nor for the integrity, responsibility, qualifications, actions, or omissions of any Users. The “Services,” including any new offerings, web/mobile updates, enhancements, new features, and/or the addition of any new properties, are subject to the TOS.
4. EQUIPMENT
The User shall be responsible for maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of Village Connect Solutions and all charges related thereto. 3rdArm, Inc. works to provide solutions compatible across multiple devices and operating systems but does not guarantee full compatibility for all devices due to the many versions available today.
5. USER CONDUCT
User shall use Village Connect Solutions for lawful purposes only and be bound by these Terms of Service as well as the Privacy Policy made available on the website to access and use Village Connect Solutions. User shall not post or transmit through Village Connect Solutions any material which violates or infringes upon the rights of others, which is unlawful, threatening, hateful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, violate any law, or contain advertising or any solicitation with respect to products or services without 3rdArm, Inc.'s express prior approval. Conduct that restricts or inhibits any other User from using or enjoying Village Connect Solutions will not be permitted. User shall not use Village Connect Solutions to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with 3rdArm, Inc.
Village Connect Solutions contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, processes, photos, video, graphics, music, and sound. The entire contents of Village Connect Solutions are copyrighted as a collective work under the United States copyright laws. 3rdArm, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify,
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, calendars, photos, and/or other message or communication facilities designed to enable Users to communicate with others (each a "Communication Service" and collectively "Communication Services"). Users agree to use the Communication Services only to post, send and receive messages and requests that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Users agree that when using the Communication Services, they will not:
3rdArm, Inc. has no obligation to monitor the Communication Services. However, 3rdArm, Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. 3rdArm, Inc. reserves the right to terminate Users' access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. 3rdArm, Inc. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 3rdArm, Inc.'s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; Users are responsible for adhering to such limitations if Users download the materials. Always use caution when giving out any personally identifiable information in any Communication Services. 3rdArm, Inc. does not control or endorse the content, messages, or information found in any Communication Services and, therefore, 3rdArm, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from Users’ participation in any Communication Services. Managers, collaborators and hosts are not authorized 3rdArm, Inc. spokespersons, and their views do not necessarily reflect those of 3rdArm, Inc.
3rdArm does not warrant any content posted by any user or third party in any way. While it reserves the right to remove scandalous and inappropriate material, it does not vet or curate third-party postings.
7. USER ACCOUNT AND SECURITY
Where applicable, Users must register to open an account by providing 3rdArm, Inc. with current, complete, and accurate information as prompted by the applicable registration form. Users may also authenticate their credentials by using one of several third-party authentication providers (O-Auth).
Users must be 18 years old and at least the legally required age in the jurisdiction in which Users reside, and otherwise capable of entering into binding contracts, in order to use or access Village Connect Solutions. If Users are under 18 years old or the age of majority in their jurisdiction, then Users may not use or access Village Connect Solutions. Children under 18 years old are prohibited from providing any personal information to 3rdArm, Inc.
Users are entirely responsible for maintaining the confidentiality of their credentials and account. Furthermore, Users are entirely responsible for any and all activities that occur under their account. Users agree to notify 3rdArm, Inc. immediately of any unauthorized use of their account or any other breach of security. 3rdArm, Inc. will not be liable for any loss that Users may incur as a result of someone else using their credentials or account, either with or without their knowledge. However, Users could be held liable for losses incurred by 3rdArm, Inc. or another party due to someone else using their account or credentials. Users may not use anyone else's account at any time, without the permission of the account holder. User data confidentiality is subject to the 3rdArm Privacy Policy.
By providing a mobile phone number or email address and using Village Connect Solutions, Users hereby affirmatively consent to 3rdArm Inc.’s use of Users' mobile phone number for calls and/or recurring texts, (including with an auto-dialer and/or prerecorded voice if applicable) in order to (a) complete requests through the platform, (b) improve upon services, mobile and/or website, and (c) provide Users with information and reminders regarding requests, progress of requests, changes and updates, or service outages. These calls and texts may include, among other things, reminders about incomplete or upcoming services, notices from businesses and preferences and/or in follow up to any push notifications delivered through Village Connect Solutions. 3rdArm, Inc. will not assess any charges for calls or texts, but standard message charges or other charges from User wireless carrier may apply. User may opt-out of receiving texts messages from 3rdArm, Inc. by emailing info@villageconnect.life and specifying User wants to opt-out of texts. User may opt-out of receiving calls from 3rdArm, Inc. by stating that User no longer wishes to receive calls by emailing info@villageconnect.life and specifying User wants to opt-out of calls. User understands that 3rdArm, Inc. may send User a text confirming any opt-out by User.
8. BUSINESS ACCOUNT BILLING
Business users may access and purchase Village Connect Solutions plans from the website and will be required to provide their credit card and/or third-party payment information through the third party payment service provider. Business Plans will outline features on the website which may change from time to time for one-time and/or monthly packages available. Users are responsible for notifying 3rdArm, Inc. in the month of service if a billing or balance discrepancy exists in order to reconcile the account quickly and resume service. Discrepancies not disputed within sixty days are waived.
Monthly Subscriptions: By purchasing a Monthly Plan, you agree to an initial and/or recurring Monthly Subscription Fee charged on the credit card provided at the then-current Monthly Subscription rate for the term specified, and you accept responsibility for all recurring charges including any increases as communicated until you cancel your subscription.
Automatic Monthly Renewal Terms: 3rdArm, Inc. will automatically process your Monthly Plan Subscription fee by the 5th day of each month PURSUANT TO THE BUSINESS PLANS PAGE at the then-current Monthly Subscription rate, until you cancel your subscription. If 3rdArm, Inc. does not receive payment from User credit card provider or if User credit card expires or is rejected, User agrees to pay all amounts due upon demand and Plans shall discontinue until the account is updated with new credit card information. We may require User provide a second valid credit card before reinstating Plans. User authorizes 3rdArm, Inc. to charge outstanding fees and other amounts due 3rdArm, Inc. against the credit card on file. 3rdArm, Inc. reserves the right to take all steps necessary to collect amounts due, including but not limited to legal action and/or using third party collection agencies. Legal fees and interest on amounts owed calculated at the interest rate on judgments may also be sought.
Cancellation Policy: If User wishes to cancel services and/or terminate User account, User must email 3rdArm, Inc. at info@villageconnect.life, with at least 30 days’ notice and before the next billing cycle for Plans, to prevent the monthly charge. Failure to do so will result in one final charge.
9. NOTICE SPECIFIC TO SOFTWARE AVAILABLE WITH “VILLAGE CONNECT SOLUTIONS”
Any software that is made available to download from the Plans ("Software") is the copyrighted work of 3rdArm, Inc. and/or its suppliers and platform providers. Use of the Software is governed by the terms of the end user license agreement of the platform provider, if any, which accompanies or is included with the platform Software ("License Agreement"). An end user will be unable to install any platform Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
If downloadable software is made available, the Software is solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, 3RDARM, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, 3RDARM, INC. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. 3RDARM, INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE PLANS.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE WITH “VILLAGE CONNECT SOLUTIONS”
IN NO EVENT SHALL 3RDARM, INC. AND/OR ITS RESPECTIVE SOLUTIONS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO 3RDARM, INC. OR POSTED WITH ANY OF “VILLAGE CONNECT SOLUTIONS”
3rdArm, Inc. does not claim ownership of the materials you provide to 3rdArm, Inc. (including feedback) or post, upload, input, or submit to any Plans or its associated services for review by the general public or members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting ("Posting") your Submission, you are granting 3rdArm, Inc., its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their businesses, including, without limitation, all Village Connect Solutions. This includes the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, as well as the right to publish your name in connection with your Submission. You also grant the right to sublicense these rights to any supplier of the services if applicable.
No compensation will be paid for the use of your Submission. 3rdArm, Inc. is under no obligation to post or use any Submission you may provide, and 3rdArm, Inc. may remove any Submission at any time at its sole discretion. By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service, including all the necessary rights to provide, post, upload, input, or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures, or is otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images or have obtained permission from the copyright owner to use such Images or any content and/or images contained in such Images as allowed by these Terms of Service and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that any person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Service, including, without limitation, the distribution, public display, and reproduction of such Images. By Posting Images, you are granting permission to use your Images in connection with the Services, including making prints and gift items that include such Images. This includes a non-exclusive, worldwide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Images. These licenses for Images will terminate when you remove such Images from the Services. However, such termination shall not affect any licenses granted in connection with such Images before their removal. No compensation will be paid for the use of your Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF "VILLAGE CONNECT SOLUTIONS" IS AT YOUR SOLE RISK. NEITHER 3RDARM INC., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT “VILLAGE CONNECT SOLUTIONS” WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF“VILLAGE CONNECT SOLUTIONS”, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH “VILLAGE CONNECT SOLUTIONS”.
B. "VILLAGE CONNECT SOLUTIONS" IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. 3RDARM ALSO PROVIDES NO WARRANTIES TO ANY THIRD-PARTY CONTENT OR FROM ITS THIRD-PARTY PROVIDERS WHO ARE INDEPENDENT CONTRACTORS OR BUSINESSES, WHETHER FROM USERS OR THIRD PARTY PROFESSIONALS OR VENDORS.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT 3RDARM INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL 3RDARM INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING VILLAGE CONNECT SOLUTIONS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE VILLAGE CONNECT SOLUTIONS. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER 3RDARM INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR NON AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN VILLAGE CONNECT SOLUTIONS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOTS, PANDEMIC, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD-PARTY PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
The links provided on this website may navigate you away from “Village Connect Solution” sites. These linked sites are not under the control of 3rdArm Inc., and 3rdArm Inc. holds no responsibility for the contents of any linked site or any links within them, including any changes or updates to such sites. Additionally, 3rdArm Inc. is not responsible for webcasting or any other form of transmission received from any linked site. The inclusion of any link is for your information and convenience only and does not imply endorsement or warranty by 3rdArm Inc. of the linked site.
3rdArm, Inc. acts as a distributor of software and content provided by third parties and users and may use artificial intelligence to generate ideas and/or content for blog posts, posts and programs Therefore, 3rdArm, Inc. exercises no more editorial control over third party and user submissions than a public library, bookstore, or news outlet whether online or onsite. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including users, information providers, businesses, retailers, service providers, or any other user of Village Connect Solutions, are solely those of the respective author(s) or distributor(s), not of 3rdArm, Inc. Neither 3rdArm, Inc. nor any third-party provider of information guarantees the accuracy, completeness, usefulness, merchantability, or fitness for any particular purpose of any content.
The content available through Village Connect Solutions often represents the opinions and judgments of the respective information provider, user, or other user not under contract with 3rdArm, Inc. 3rdArm, Inc. neither endorses nor is responsible for the accuracy or reliability of any content, process, opinion, advice, or statement made on Village Connect Solutions by anyone other than authorized 3rdArm, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will 3rdArm, Inc. be liable for any loss or damage caused by a user's reliance on information obtained through Village Connect Solutions. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through 3rdArm, Inc. and seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, process, opinion, advice, or other content. In no circumstance is 3rdArm meant to be a substitute for medical or subject matter advice.
14. IDEA SUBMISSION POLICY
3rdArm is a community-focused company that appreciates feedback and ideas to ensure continuous improvement for the benefit of the communities it serves. If you send feedback or ideas, including ideas for new advertising campaigns, promotions, products, technologies, processes, materials, marketing plans, or product names, etc. please understand that 3rdArm, Inc. will not treat your ideas and materials as confidential or proprietary. 3rdArm, Inc. will consider any information sent as a gift to use at its discretion and will not compensate for these ideas under any circumstances.
15. MONITORING
3rdArm, Inc. retains the right, but not the obligation, to monitor the content of Village Connect Solutions, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by 3rdArm, Inc., and to satisfy any law, regulation, or authorized government request. 3rdArm, Inc. has the discretion to edit, refuse to post, or remove any material submitted to or posted on Village Connect Solutions. Without limiting the foregoing, 3rdArm, Inc. may remove any material that, in its sole discretion, violates the provisions herein or is otherwise objectionable. It's important to note that 3rdArm does not warrant any content posted by any user or third party. While it reserves the right to remove scandalous and inappropriate material, it does not vet or curate third-party postings.
16. INDEMNIFICATION
User agrees to defend, indemnify, and hold harmless 3rdArm, Inc., its affiliates, and their respective directors, officers, employees, independent contractors, third-party providers, successors, and agents from and against all claims and expenses, including attorney's fees, arising out of:
(i) The use or inability to use Village Connect Solutions.
(ii) User's breach or violation of this Agreement.
(iii) User's violation of any law or the rights of any User or third party.
(iv) Any content submitted by User or using User's account on Village Connect Solutions, including, but not limited to, content that may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.
User also agrees to indemnify the Indemnified Parties for any Liabilities resulting from User's use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action User takes that imposes an unreasonable burden or load on our infrastructure. 3rdArm, Inc. reserves the right, in its sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to User indemnification. User will not, in any event, settle any claim or matter without the prior written consent of 3rdArm, Inc.
17. TERMINATION
Either 3rdArm, Inc. or User may terminate this Agreement at any time. Without limiting the foregoing, 3rdArm, Inc. shall have the right to immediately terminate User's Account in the event of any conduct by User which 3rdArm, Inc., in its sole discretion, considers unacceptable, or in the event of any breach by User of this Agreement by providing you with written or email notice.
If 3rdArm, Inc. terminates your right to use Village Connect Solutions or Services for cause as described above, User is prohibited from creating a new account under a different name of any type, even if acting on behalf of a third party, and User will not be entitled to any refund of the unused balance in User's account if applicable.
18. COPYRIGHT NOTICE
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces, processes, and other content (collectively "Proprietary Material") that Users see or read through Village Connect Solutions are owned by 3rdArm, Inc., excluding User Generated Content, which Users hereby grant 3rdArm, Inc. a license to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. 3rdArm, Inc. owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from Village Connect Solutions without 3rdArm, Inc.'s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of 3rdArm, Inc. and, if applicable, the holder of the rights to the User Generated Content.
All rights reserved. All other trademarks appearing on 3rdArm, Inc. are the property of their respective owners.
19. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner. The “example” companies, organizations, products, domain names, email addresses, logos, people, and events etc. depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
20. MISCELLANEOUS
This Agreement and any operating rules for Village Connect Solutions established by 3rdArm, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.