vx2 Supplied Privacy and Licensing Agreement


Important - Terms and Conditions

vx2 develops very small background software Applications that facilitate targeted advertising. vx2 benefits consumers by working with advertisement serving partners to subsidize various software products and services that are free to you, the consumer.

These Terms and Conditions apply to both (1) the vx2.dll, which primarily serves “popup” and “popunder” ads, and (2) the related interest profiling Application, which primarily gauges users’ broadly defined interest categories (e.g. “finance” or “travel”). Downloading the interest profiling Application simultaneously with vx2 will take only a few seconds. Or to minimize the initial download time, this second Application may be downloaded later. Neither the vx2.dll nor the related interest profiling Application will interfere with the operation of your computer’s hard-drive. They will not degrade performance or slow your machine. You can delete vx2’s Applications, as well as any data that was collected by these Applications, at any time by following the instructions on the vx2.cc website.

By using or continuing to use vx2’s Software and select third-party software and services distributed by vx2 you agree to the following terms and conditions. vx2 may enhance or upgrade these Applications from time to time. Unless we tell you otherwise, any new products or services we provide or distribute, whether through our own or third party websites or servers, will also be subject to these terms and conditions.

If you do not wish to be bound by this Agreement, you must not install or otherwise access the Product.

vx2 may amend this Agreement at any time without notice and such modifications shall be deemed effective immediately upon posting the changes on the Site. You should review the Site from time to time to look for any such modified terms. Your continued access to or use of the Product shall be deemed conclusive acceptance by you of the modified terms of this Agreement. If any changes or modifications to this Agreement are unacceptable to you, you must cease using the Product. Should a conflict arise between this Agreement as set forth here and this Agreement as posted to the Site, you understand and agree that the Agreement as posted on the Site will control and govern your use and our responsibilities.

In this Agreement, when we talk about vx2 “Software” or “Applications” we mean the vx2.dll and the interest profiling Application.

You should carefully read the following terms and conditions before using vx2’s Software.


Scope of License

vx2 grants you a non-exclusive, limited license, to (a) install the most current versions of vx2 Software and (b) use vx2 Software for your personal, non-commercial purposes.

License Restrictions

Your license to an existing version of a vx2 Application may, at our discretion, expire when new versions of that Application are released. We reserve the right to add additional features or functions to existing Applications, or to introduce new Applications at any time. When installed on your computer, all vx2 Applications periodically communicate with our servers. Additionally, we may require the updating of our Applications on your computer when we release a new version of our Application, when we make new features available, deliver promotional offers, or add new Applications. This update or new download may occur automatically or through other means. You understand that we may require your review and acceptance of our current Privacy Statement before you will be permitted a limited license for any subsequent versions of our Applications.

We have no obligation to make available to you any subsequent versions of our Applications. You may not distribute or copy (other than for backup purposes) our products. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble our Applications or modify our source code in any way. You do not have the right to create derivative works of our Applications. All modifications or enhancements to our Applications remain our sole property. You understand we, in our discretion, may modify or discontinue or suspend your right to access any of services at any time.

We reserve all rights in our Applications not expressly granted to you in this Agreement.

Other Restrictions

You may not rent, lend, assign, or lease our Applications, but you may transfer your rights under this Agreement on a permanent basis provided (i) you transfer all copies of this Agreement including the Privacy Statement; and (ii) the recipient agrees to be bound by this Agreement including the Privacy Statement. Any transfer must include the most recent product upgrade. When you transfer an Application, you must remove all remaining copies of the product from your machine.

Ownership

You acknowledge and agree that each of our Applications is licensed, not sold to you. You agree that we own all of our Applications, including all intellectual and proprietary rights, unless otherwise specified. vx2 reserves all rights not specifically granted in this Agreement. We retain all ownership and intellectual property rights in our Applications at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.

You acknowledge that the Product, including all code, contains proprietary and confidential information, is owned by vx2, and is protected by applicable intellectual property and other laws. You shall not infringe or violate any such rights or laws.

Content

You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available through the Product, whether publicly posted or privately transmitted,is the sole responsibility of the person from whom it originated. You understand and agree that by using the Product, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will vx2 be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Product.

We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, and should be regarded as unsecured. Please understand that by using our Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share.

In addition, all content accessed through our Applications is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no rights to such content.

Voluntary Software and Right to Uninstall

You understand that our Applications are voluntary software programs, and you may uninstall them at any time by using the Windows add/remove programs function or following the instructions listed on our website, vx2.cc. However, by uninstalling the Applications, you will be unable to access our services and, in some instances, unable to use software that the Application was bundled with.

Your Obligations

You represent and warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree, with respect to all other users of your computer, to (i) provide a copy of this Agreement including the Privacy Statement; and (ii) obtain their consent to this Agreement and Privacy Statement before allowing them to use the computer to access the Internet. You agree not to misrepresent your identity or to provide any false information that is requested as part of the service. You agree not to use the service to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service.

Access and Interference

You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of our Application or content, except to remove our program from a computer of which you are an owner or authorized user.”

Disclaimer of Warranty

USE OF OUR APPLICATIONS AND ANY CONTENT AVAILABLE ON OUR WEBSITE IS AT YOUR OWN RISK. WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WE MAKE NO WARRANTY THAT (i) OUR MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) WE CAN IDENTIFY ANY IDENTITY THEFT, (iii) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Termination

You may end this Agreement at any time by uninstalling and destroying all copies of our Applications in your possession or control.

Limitation of Liability

IN NO EVENT WILL vx2 INC., ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES INCLUDING LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, SERVICE OR WEBSITE, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AVERAGE REVENUE RECEIVED BY vx2 PER USER PER MONTH AS CALCULATED BY vx2 MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN A vx2 APPLICATION USER.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

No Liability for Protected Parties

The Protected Parties assume no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorneys' fees for, any claim based upon: (i) any method or process in which our Application may be used by you; (ii) any results of using our Application; (iii) any use of other than a current unaltered release of one of our Applications; or (iv) the combination, operation or use of any of our Application(s) with third party programs or data if such infringement would have been avoided by the combination, operation, or use of our Application(s) with other programs or data.

Export Controls

vx2 Applications and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using our Applications, you agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

Notice to Government End Users

The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Applicable Law

vx2 is incorporated in the state of Nevada in the USA. The internal laws of the state of Nevada will govern this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Arbitration

Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. This shall not preclude us from seeking any injunctive relief for protection of our intellectual property rights.

Successor Agreements

The terms of this License Agreement including the Privacy Statement may change in the future. We will provide you with an on-line pop-up window notice informing you that changes have been made to the documents and will provide you either with an active link that you can use to view a web page containing or linking to the revised documents.

You agree that after receipt of such change notice, that you consent to this License Agreement including the Privacy Statement unless you affirmatively indicate to us by e-mail that you do not accept the successor Agreement and remove all of our Applications from your computer. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current License Agreement including the Privacy Statement.

General

This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between the parties.

If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.

vx2 shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of vx2.


Privacy Policy

vx2 has based its privacy policy on the most stringent privacy guidelines set out by the Federal Trade Commission. vx2 complies with the Federal Trade Commission's Fair Information Practice Principles.

This policy describes the way that we treat our users Personal Information. For the purposes of this policy, "Personal Information" refers to individually identifiable information that we collect online and that allows a user to be contacted. This includes information like first and last name, home or other physical address, email address and telephone numbers.

Notice

vx2 has a general policy of openness about developments, practices, and policies with respect to personal data. We state in detail what personal data we collect, and why we collect it.

The vx2 Website

Cookies: The vx2 website does not set cookies and it is vx2's policy not to use them in any way on its website. You are free to browse the website anonymously.

The vx2 Web server automatically logs certain anonymous information about any visitor to the vx2 website (both users and non-users), including the following elements:

- The URL of the page requested;

- The time and date of the request;

- The "User Agent" (the make and model of the Web browser being used, and    the version and type of your operating system);

- The "Referrer" (the URL where you clicked on a link to vx2's site);

- The IP address where a copy of the page you requested is to be sent for    display by your browser.

We use this information in aggregate to get a better picture of where our visitors come from and how to plan for our future needs.

The User Agent also is used during your visit to indicate to you whether the vx2 Software will run on your computer's configuration. The URL may contain tracking codes used only for auditing advertising.

The vx2 Software

The vx2 Software is a targeting tool that uses artificial intelligence to understand our users' preferences and help our marketing partners reach users with offers that they find relevant and engaging.

The vx2 Software collects the following information:

vx2's Software collects and transmits to vx2's servers the URLs of the Web pages visited on your browser. URL's are the addresses of the web pages that your browser visits (http://www.vx2.cc , for example). The vx2 Software collects and maintains information on both current and historical browsing. vx2 will use this information to build a summary of your interests so that vx2 can help its partners and clients make relevant and personalized offers to you.

vx2's Software also uses artificial intelligence to discern and collect name and address information from online forms that you fill out. We use this information to allow our partners to reach you with personalized and targeted offers and advertisements that are relevant to your interests.We may also contact you directly ourselves with such offers. vx2 never attempts to collect credit card numbers, account numbers, PIN numbers or passwords; in fact, it takes proactive measures to prevent the collection of this type of information.

vx2's Software also collects the query terms entered into search engines. vx2 uses this information to help generate a more complete summary of its users' interests so that the offers that vx2 sends its users are more personalized and relevant.

When you install vx2's Software, it collects several bits of information about the configuration of your computer. This information includes information about the computer's hardware configuration, such as the amount of free space on your hard drive, and information about the computer's software configuration, such as the name and version of the operating system. These examples are representative, but the specific information collected may vary from time to time. This information is used to determine whether the vx2 Software is compatible with your computer. It may also be used to help generate a more complete summary of your interests when appropriate. This in turn, will allow vx2 or its partners or clients to make relevant and personalized offers to you.

It is possible that, in some instances, the operation of certain third party websites may result in some personal data being included in URL data, which can result in that data is captured in the course of the normal operation of the vx2 Software. Such instances are rare and are the result of poor security practices by these third party websites. In the unlikely instance that such information is captured, it may be stored in our database, but it will not be used or disclosed in any manner that is inconsistent with our Privacy Policy.

Occasionally, vx2 may collect information about your interaction with the vx2 Software. This may include information such as how often users use the Software, or whether or not users respond to advertisements or offers from vx2's partners or clients. This information is used to assess the effectiveness of our products and services. It may be shared with vx2's partners or clients to evaluate the success of their marketing programs.

The vx2 Software and cookies: The vx2 Software uses cookies to identify itself to the vx2 server. The cookie maintains a unique and anonymous id for you as a user. We use this information to allow you to opt out of the vx2 service if you so choose. It is also used to organize the information in our database and help our artificial intelligence algorithms to discern the various preferences and interests of each user.

A "cookie" is a small text file that a website can place on your computer's hard drive in order, for example, to collect information about your activities on the site or to make it possible for you to use an online "shopping cart" to keep track of items you wish to purchase. The cookie transmits this information back to the website's computer, which, generally speaking, is the only computer that can read it. Most consumers do not know that "cookies" are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to warn you when a website attempts to place a "cookie" on your computer.

To learn more about cookies, please read section 3.2 of the Federal Trade Commission's staff report on Enhancing Consumer Privacy Online. {http://www.ftc.gov/reports/privacy/privacy4.htm#N_9_}

vx2 makes other uses of summary information obtained by combining data from many individuals where the name and other identifiers have been removed.

If you become a vx2 user, you give us permission to use the information we have told you that we collect, for the purposes stated here. We will not use your personal information for other purposes without first obtaining your explicit consent.A single exception to this rule can occur in cases where vx2 believes in good faith that such use is required by law, including pursuant to a subpoena, court order, legal process or warrant.

Choice

vx2 collects personal data about you only with your consent, and only in ways that are fair and lawful. vx2 collects only the personal data it has said it collects, and only in the ways it has said it collects it.

vx2 uses both opt-in and opt-out media. This means that before vx2 collects any information from you at all, we first obtain your express consent. This includes your consent to this privacy policy and to our terms and conditions of service.

From that time forward, you may opt-out of the vx2 service and any further data dissemination at any time. Simply visit http://www.vx2.cc and follow the posted instruction. 

Access

Since we are not able to authenticate our users, vx2 is unable to allow users to access their own data without also allowing strangers who have access to their computers to access it. We believe that this would constitute an unacceptable compromise in data security. As a result, we have opted to provide an anonymous user with the right to delete anonymously any information that we may have collected about them, but not the right to view that information. To delete information, please visit http://www.vx2.cc and follow the posted instructions for data deletion.

To protect you personal information, it is vx2's policy not to grant any anonymous access to that information. All access of vx2 Media is provided only through our business development office, and only to partners who have exceeded vx2's stringent qualification criteria. Access is offered in a carefully controlled way designed to minimize the potential for data misuse.

Security

The vx2 Software is designed to work in harmony with the security systems employed by other third party websites. If you visit secure sites, which employ the use of SSL, the vx2 Software will match the security that these sites offer. That is, vx2 too will use SSL to encrypt and secure its communication with the vx2 servers when communicating information collected.

The vx2 Software is designed to preserve the general level of security offered to its users throughout the web, but it does not raise it. Users should always check the privacy and security policies of the sites that they visit.

From time to time, vx2 may engage employees, contractors, and other companies to perform work that involves access to personal information. If vx2 does so, it will ensure that such parties are contractually required to keep the information confidential and not to use it in any way other than as is necessary to perform their work for vx2.

vx2 believes that proper data security is an ongoing process, and one that should be kept strictly confidential. vx2 uses reasonable security safeguards to protect your data against such risks as loss, unauthorized access, destruction, misuse, modification, or disclosure. vx2 and its employees use both technical and procedural policies and procedures to ensure that your data is protected from accidental disclosure or misuse.

vx2 works to reduce the likelihood of accidental disclosures and unintended access and modification of account information, but it is impossible to eliminate this possibility completely.

A special note about children:

vx2 wants to help parents protect the privacy of their children. We do not consider the vx2 service to be directed to children, and the vx2 terms and conditions of use expressly prohibit children who are younger than 13 from participating in the service. If your child has inadvertently enrolled in the service, you may un-enroll your child from the vx2 service and permanently disassociate all of your child's personal information from the vx2 database. Simply visit http://www.vx2.cc and follow the posted instructions to delete data.

For more information on children's privacy online, please visit the Kidz Privacy website, sponsored by the Federal Trade Commission. (http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html

   © vx2, 2002-2012