POLICIES - Privacy Policy & Terms of Service

 

VBSchedule.com (“VBSchedule”), is a web-based software program as a service (“Service”)  owned by VB Software LLC, with offices at 14050 Judicial Road, Burnsville, MN 55337, USA. 

The following privacy policy (“Privacy Policy” or “Policy”) and terms of service ("Terms of Service" or “Terms”) are a legal agreement between you and VBSchedule and govern access to and utilization of the VBSchedule.com website ("Website"), downloading or installing the VBSchedule mobile application (“App”), and the utilization of any of the services offered by VBSchedule. 

 

INTRODUCTION 

VBSchedule (“us,” “we,” or “our”) is a tool for managing volleyball events (“Service”). We must collect certain data from those who use VBSchedule in order to provide this Service.  Our goal is to be transparent in collecting and processing information from our website at https://www.VBSchedule.com (together with the mobile version of this site, and related applications, the "Website"). The Policy and Terms describe the types of information we may collect from you, our practices for collecting, processing, maintaining, protecting and disclosing that information, and our regulations for utilizing the Service. 

By accessing or utilizing the Website, you indicate that you consent to this Policy.  We may update this Policy from time to time (See Changes to Our Privacy Policy and Terms). This consent provides us with a legal basis to collect and process the user data you provide. You have the right to withdraw such consent at any time.  Your continued use of the Website after we post any changes to this Policy or the Terms constitutes your acceptance of those changes, so please check the link for changes periodically. 

 

SUBSCRIBERS and USERS 

VBSchedule has customers that (1) use parts of the Service that require them to register with VBSchedule or to register and pay a fee (“Subscribers”), (2) access certain public information from the Website that does not require registration or payment of a fee (“Users”), and (3) has a Subscriber enter data but who may not themselves become a Subscriber or a User (“Data Subjects”). 

If you have a paid subscription to use VBSchedule via the Website or register to use the Website we refer to you in this policy as a “Subscriber”.  If you are not a Subscriber but are visiting our Website we refer to you in this policy as a “User”.

As a Subscriber, you must contribute Personal Data about yourself.  A Subscriber such as a Club Administrator, a coach, or a Team Representative may contribute Personal Data for individuals who never become Subscribers or Users.  We refer to anyone whose Personal Data we collected or processed, whether they are Subscribers or Users or not, as “Data Subjects”. 

 

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT 

Personal Data  

We collect and process data (public and non-public) that a Subscriber voluntarily provides to us or for others on their behalf and with their permission, such as: name, contact information (e.g.  physical address, e­mail address, mobile phone number, other phone numbers); location information (e.g. location of events or sport matches you plan to or do attend, organize, manage or participate in, housing location and related information); sport-specific information (e.g. sport type, position, uniform number, nature of sport participation, performance statistics, affiliated Club and Team name, organization address, your organizational role); schedule information (e.g. schedules of events you plan to or do attend, organize manage or participate in); and in the case of some Data Subjects, gender, age, date of birth, school graduation year, physical characteristics and any other information that could be used to personally identify the Subscriber or other Data Subject ("Personal Data"). Subscribers, Users and Data Subjects may reach out to us directly by sending us correspondence or use the Website to place orders or enter into other communication or transactions with us. 

Technical Data and User Data

Our Website may also collect and process other information from Subscribers or Users, such as technical information regarding their internet connection, their browser and type of device they use to access our Website, their IP address, geolocation data, time zone, page views, clicks, and other such information that does not personally identify them ("Technical Data").  In this policy, Personal Data and Technical Data are known, individually and collectively, as “User Data”. 

 

DATA SOURCES AND VISIBILITY 

We classify sources of Personal Data we collect and process into certain categories.  We collect and process Personal Data from and share Personal Data with each category as described in this policy.  You may belong to one or more categories at the same time.  Your ability to contribute and access Personal Data varies by the category or categories you are in. Please click the links below for a description of each category to learn more: 

“Event Companies” are Subscriber organizations that organize and manage volleyball or other events (“events”), their administrators and users authorized by them; 

“Clubs” are Subscriber organizations who participate in events, their administrators and users authorized by them (who are often directors or coaches); 

“Officials” are Subscriber individuals who judge or referee events; 

“Members” are User or Non-User individuals who are Club members who might participate in events from time to time as players (“Members”); and 

“Membership Organizations” are Subscriber third-party organizations other than Event Companies and Clubs, whose purpose is to support or promote activities related to the sports or other activities for which events are organized, which might from time to time possess information, including personal information, of one or more Members, Officials and/or Clubs; and 

“Guests” are individual Users other than Members, Officials and Clubs and Event Companies, who are not Subscribers but who may register to attend events; and 

“Visitors” are individual Users who are not Subscribers and visit the Website to only to view its contents.  

Event Companies 

Event Companies use our Website to help organize and manage events, including management of Club, Official, Member and Guest participation, as well as facilitating housing contracts and reviewing event payments status.  Event Companies and their events are linked to and created and managed on the Website by Event Company administrators or their authorized users who are Subscribers (“Event Company Users”). 

What We Collect.  As an Event Company User, you may contribute Personal Data of your Event Company’s personnel (such as administrators and staff) to the Website. By doing so, you represent that each Data Subject whose Personal Data you have contributed has read and expressly consented to this policy and has affirmatively granted you full authority to contribute their Personal Data to the Website. 

Data Visibility.  If you are an Event Company User, the user data visible to you is Personal Data of the Event Company Users within your Event Company and Personal Data contributed by Clubs, Officials, Members and Guests, as well as third parties, such as but not limited to Membership Organizations, in connection your events.  

 Data Use.  Personal Data contributed by Clubs, Officials, Member and Guests is shared with Event Companies to allow Event Company Users to effectively organize and manage events and to communicate with participants in those events. Likewise, Event Company User Personal Data is shared with event participants in order to facilitate event-related communications and coordination. 

 

Clubs 

Clubs use our Website to organize, register for and participate in events.  Subscribers who create or manage one or more Clubs or teams of Members of their Clubs (“Teams”) on the Website, are “Club Administrators”.  Club Administrators can also authorize others to help manage their Clubs on the Website, who are then also called “Club Administrators”. 

 What We Collect.  As a Club Administrator, you may contribute Personal Data of your Club’s staff (such as managers and coaches) and Members (such as players), including minor Members, to the Website. 

 Data Visibility. If you are a Club Administrator, the Personal Data visible to you is Personal Data contributed by your Club, Club Administrators and your Members, as well as Personal Data contributed by other Clubs participating in the same events that your Club participates in. 

 Data Use.  Personal data is shared with Club Administrators to allow you to effectively manage your Club’s event participation and communication with Event Companies, other Clubs, your staff and your Members. 

 

Officials 

Officials are Subscribers who use our Website to indicate their availability for and to manage their participation in events.  

 What We Collect.  If you are an Official, we collect and process the following Personal Data from you: 

Data Visibility.  User data visible to you as an Official consists of Personal Data related to Teams participating in matches you have agreed to officiate, such as schedules, Clubs, Club administrators, Team rosters, and related Member information like position and uniform number. 

 Data Use.  Event Companies and their Event Company Users use your Personal Data to select, equip and compensate you for your participation in events. 

 

Members 

Members are members of a Club or Team.  They are sometimes Users of the Website but need not be Users or Subscribers.  Member information is most often contributed by their Clubs. 

What We Collect.  User data we receive from or about you as a Member includes Personal Data about you contributed by your Club, as well as technical data related to your use of our Website.  

Data Visibility.   When you use the Website as a Member, user data visible to you consists of Personal Data related to you, your Team or Club, and events you participate in. Except for information available to the general public on the Website, user data is not visible to a Member unless that Member is also the Club Administrator.  

Data Use.  Event Companies, Clubs, Officials and Member Organizations use your information to manage your participation in events, track your performance and communicate with you. 

 

Membership Organizations 

We may periodically synchronize Member and Official Personal Data on our Website with Personal Data held by Membership Organizations (i.e. USA Volleyball), if Members and Officials are members of these Membership Organizations.   By using our Website, you agree that we may do so.  We rely primarily on Subscribers to regularly review and update Personal Data they have contributed to our Website, but our periodic synchronization with Member Organizations is designed to assist us in increasing the accuracy of Personal Data for purposes of communicating with and assisting Subscribers and Users. Club data and Personal Data of Members and Officials on our Website are available to the Membership Organization during these updates.  Information synchronized by Membership Organizations includes the following, to the extent we have collected this type of user data from you: 

Membership Organizations might further share user data with their personnel or third parties they have relationships with.  We do not control the use or further sharing of user data by Membership Organizations and have no liability for any injuries or any compensatory, special, direct, incidental, indirect, or consequential damages, exemplary damages or any damages whatsoever arising from sharing of your user data with Membership Organizations. Because this policy only governs use of the Website, we strongly encourage you to review the privacy policies, terms of use and rules of any Membership Organizations you belong to in order to understand how they share your user data. 

 

Guests 

Guests are users of the Website who register to attend events. 

What We Collect.  User data we collect from you consists of technical data related to your use of the Website and Personal Data you contribute to allow Event Companies to register you to attend an event. 

Data Visibility.  Personal data visible to you consists of the Personal Data you contribute to us. 

Data Use.  Event Companies use your Personal Data to register you as an event attendee.  We use your user data in order to facilitate that registration. 

 

Visitors 

Visitors are Users of the Website who are not Subscribers or Guests but visit the Website to review the information on it. 

What We Collect.  We collect technical data of Visitors.

Data Visibility.  As a Visitor, we may share your technical data with our service providers and vendors to help us analyze, manage and improve the performance of the VBSchedule service. 

Data Use.  We use your user data to analyze, manage and improve the performance of the VBSchedule service. 

 

Contributing Personal Data of Others  

By entering Personal Data of Data Subjects to our Website, you represent to us that those Data Subjects (and, in the case of Data Subjects who are minors, a parent or legal guardian) have read and expressly consented to this policy, have affirmatively granted you full authority to enter their Personal Data on the Website, and that you have evidence of their consent and your authority, which you agree to provide to us immediately upon request.  

If you are a Data Subject whose Personal Data has been entered by a person other than you, and you have any questions or concerns regarding your Personal Data or your privacy rights, or you would like to access or correct your Personal Data, please contact the person who entered your Personal Data to us or contact us directly at [email protected]. 

 

Public Information 

Personal Data that may be available publicly on the Website (without user subscription or login) includes Member names, graduation year, Club affiliation, team affiliation, assigned jersey or player number, clinic participation and schedule, and event participation and schedule, This Personal Data is shared with the general public to allow public access to event schedules and results. This information is not displayed on the Website for you as a Member if your Club Administrator has indicated that this information may not be published on a public website. 

 

HOW WE USE YOUR INFORMATION GENERALLY 

In addition to other ways described in this Policy that we may use your Personal Data or the Personal Data of other Data Subjects, we may use it for the purpose of effectively providing the VBSchedule service and (a) to fulfill the purpose for which you provide it (for example to provide products, services, support, or information you request, to communicate with you or review or respond to your correspondence or other requests); (b) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (c) to contact you regarding any agreements or transactions you've entered into with us or with third-party providers of services which appear on our Website; to notify you about changes to our Website or any products or services we offer or provide through it; (d) in any other way we may describe when you provide the information, or for which you provide consent; (e) to respond to any governmental, legal or regulatory requirement or request; (f) to enforce or apply our Website policies and other agreements, for billing and collection purposes; (g) as required by law, rule or regulation; (h) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our Subscribers, Users or others; and/or (i) to help us analyze and improve technical performance and business aspects of our Website and business. This includes, without limitation, exchanging user data with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

 

AUTOMATIC DATA COLLECTION 

We may use cookies, web beacons, pixels, and similar technologies to automatically collect certain Technical Data about your online activities over time and across third-party websites or other online services. See Your Data Collection Choices for information on how you can opt out of and/or limit various tracking technologies. The technologies we use for this automatic data collection may include: 

Cookies (browser cookies).  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies and place them on your device or computer when you visit our Website through your browser. 

Web Beacons. Some pages of our Website and our e-mails may from time to time contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content, tracking the receipt of an urgent message and verifying system and server integrity. 

We utilize User data collected by the technologies described above, to help us improve our Website and to deliver a better and more personalized service, including by enabling us to: 

Some content or applications on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Data or they may collect information, including data, about your online activities over time and across different websites and other online services. For information about how you can opt out of receiving targeted advertising from many providers, see Your Data Collection Choices. 

 

THIRD-PARTY LINKS AND INFORMATION SHARING 

Links to third-party websites may appear on our Website.  Some third-party websites have been placed on the Website by us (for example, to assist users in fundraising or obtaining housing) to assist users with services related to events, such as recruiting services, web streaming, photography. Additionally, Subscribers often include links to third-party websites in event descriptions, emails and other locations. These linked sites are not under control of, or affiliated with, VBSchedule and VBSchedule is not responsible for, without limitation, the content, data collection, use, security or privacy of those third-party websites. Any of those sites that you use, or visit are solely the responsibility of the vendor, merchant or other third party providing the website or service and any transactions that you enter into through a linked website is solely between you and that vendor, merchant or other third party.  Some content or applications on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, application providers, housing sponsors and fundraisers. These third-parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. 

 

YOUR DATA COLLECTION CHOICES 

We strive to provide choices regarding the data you provide to us. We have created certain mechanisms to provide you with control over your Personal Data: 

Tracking Technologies 

To view our full Cookie Notice and manage your cookie preferences, click here.  If you disable or refuse cookies, please note that some parts of the Website may be inaccessible or not function properly. 

Location 

Mobile applications may collect real-time information about the location of your device for geo-fencing, mileage tracking or similar purposes. If you do not want us to collect this information, you may decline our request or disable location services in your mobile device's settings. However, opting out of the collection of location information will cause location-based features to be disabled and the online and/or mobile application may not function properly. 

Stored Information and Files 

Our mobile application also currently does not but may in the future access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information. You may opt out of this data collection in your mobile device's settings, however, opting out will interfere with the application's functionality. 

Your Information and Third-Party Websites and Advertising 

We do not currently provide targeted advertising but may choose to do so in the future.  In addition to your cookie preferences available here, you can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") https://optout.networkadvertising.org on the NAl's website. You can opt out of receiving interest-based advertising from members of the Digital Advertising Alliance by utilizing their consumer choice tool at https://optout.aboutads.info. You can also opt-out by adjusting your internet and/or mobile browser preferences. 

Promotional Offers from VBSchedule 

If you do not wish to have your email address or other contact information used by VBSchedule to promote our own events, products or services, you can opt-out at any other time by visiting our request form.  If we have sent you a promotional email, you may opt out using the unsubscribe or opt-out link in the email, if applicable, or by sending us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided by VBSchedule as a result of a product or service purchase, experience survey or other transactions. Because we have no control over the use of your email address or other contact information by Event Companies, Clubs or other Subscribers for promotional purposes, you will need to contact the Subscriber directly regarding your right to opt-out of such offers. 

Google Analytics 

We do not use Google Analytics for advertising purposes; however, we do use this platform to collect user data to enhance our services and improve our Website usability. Information about how Google Analytics uses data can be found at www.google.com/policies/privacy/partners/. 

YouTube API Services 

One of the third-party services we use for audiovisual content viewing is the YouTube API Services. We only utilize this service for posting instructions on how to use the Website. Information about the YouTube API Services can be found at: https://developers.google.com/youtube/terms/api-services-terms-of­service.  By using the features of the Website utilizing the YouTube API Services, you agree to be bound by the YouTube Terms of Service, found at https://www.youtube.com/t/terms. 

 

CHILDREN UNDER THE AGE OF 13 

Our Website is not intended for use by children under 13 years of age. If you are under 13, do not use or provide any Personal Data on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, graduation year, or any screen name or user name you may use.  However, we recognize that some Data Subjects whose Personal Data has been contributed by a Club are under 13.  

 

DATA SECURITY 

We have implemented what we believe to be reasonable measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. You are responsible for keeping your email address, username, password, and any other login credentials or user verification information confidential. You may not share this information with anyone. Unfortunately, the transmission of information via the internet is not completely secure, so we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

 In order to protect you and your data and that of our other users, we may suspend your access to the Website without notice, pending an investigation, if any breach of security is suspected. 

 

CHANGES TO OUR PRIVACY POLICY OR TERMS 

For any changes we make to this Policy or Terms, including making material changes to how we treat Personal Data or fees we charge, we will post an updated Policy or updated Terms on this page, along with a notice that this Policy or the Terms have been updated on the Website home page. The date the Privacy Policy or Terms were last revised is identified in this Policy and any update. Please be aware, you are responsible for inspecting our Website periodically to remain aware of our current Privacy Policy and Terms. 

 

CONTACT INFORMATION 

If you would like to access or correct your Personal Data, you may do so by visiting your Subscriber account profile (if you have one) or by contacting us at [email protected].

To ask questions or provide comments about this Policy or our privacy practices, please contact our privacy team at [email protected]. 

 

COOKIE NOTICE 

So that our Website works properly and provides relevant products and services to you, our Website uses browser cookies. This Cookie Notice provides you with information about cookies and how to control them for our Website. 

 

A cookie is a small file placed on the hard drive of your computer or device when you visit a website with your browser to remember information about you, such as your login information or preferences. Unless you have taken action to refuse cookies, our system will place cookies on your computer or device when you visit our Website. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you refuse certain cookies, you may be unable to access certain parts of our Website. 





TERMS OF SERVICE 

By clicking on the "I Agree" checkbox, or otherwise using the Services, you, the Subscriber or the User, agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them and that you as the Subscriber have the authority to enter into these Terms personally or on behalf of the third party for whom you have entered information. The term “you” refers to the individual, team, club, league, or legal entity identified as the Subscriber when you registered for the Services. If you do not agree to these Terms or any changes, do not access or otherwise continue to use this Services. 

These Terms include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.  These Terms of Service limit the remedies that may be available to you in the event of a dispute. 

 

REGISTRATION 

In order to access the Services you may be required to register as a Subscriber for an account (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. 

You represent that you are (1) of legal age to form a binding contract; and (2) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify VBSchedule immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or VBSchedule has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VBSchedule has the right to suspend or terminate your Account and refuse any and all current or future use of the Services or any portion of it. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. VBSchedule reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by VBSchedule, or if you have been previously banned from use of any of the Service. 

 

PAYMENT AND FEES 

Some elements of the Services may be offered to Subscribers for a fee. The fees for such Services are posted on the Website. Unless otherwise agreed to in writing, fees are subject to change without notice. You agree to pay VBSchedule in advance for some of the applicable fees for the Services provided by VBSchedule under these Terms and these fees may not be refundable. 

You agree to provide a valid a credit card to pay for applicable fees.  VBSchedule will bill your credit card for all fees and you hereby authorize VBSchedule to charge your credit card. You will provide VBSchedule with accurate and complete billing information including legal name, address, telephone number, and credit card billing information. If such information is false or fraudulent, VBSchedule reserves the right to terminate your use of the Services and to seek any other legal remedies it may have. 

VBSchedule is not responsible for any charges or expenses resulting from charges billed by VBSchedule (e.g., for overdrawn accounts, exceeding credit card limits, etc.). Each charge will be considered valid unless disputed by you in writing within 30 days after the billing date. No adjustments will be made for disputed charges made more than 30 days after the billing date. All fees must be paid in U.S. dollars and are due as set forth on the Website. VBSchedule’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities; you will be responsible for payment of any such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on VBSchedule’s income. 

 

VBSCHEDULE PAYMENT SERVICE 

Unless otherwise clearly stated, VBSchedule payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (“Stripe Services Agreement”). By agreeing to the Terms of Service or continuing to utilize VBSchedule for payment processing services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of VBSchedule enabling payment processing services through Stripe, you agree to provide VBSchedule accurate and complete information about you and your business, and you authorize VBSchedule to share with Stripe such information and transaction information related to your use of the payment processing services provided by Stripe. 

 

VBSCHEDULE PAYMENTS SERVICE ACCEPTABLE USE POLICY  

You are independently responsible for complying with all applicable laws in all of your actions related to your use of VBSchedule's Payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. 

 

PROHIBITED ACTIVITIES 

You may not use the VBSchedule Payments service for activities that: violate any law, statute, ordinance or regulation; relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law; relate to transactions that (j) show the personal information of third parties in violation of applicable law, (k) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs; (l) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; (m) are for the sale of certain items before the seller has control or possession of the item; (n) are by payment processors to collect payments on behalf of merchants; (o) are associated with Money Service Business Activities including but not limited to the sale of traveler's cheques or money orders, currency exchanges or cheque cashing; or provide certain credit repair or debt settlement services; (p) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (q) violate applicable laws or industry regulations regarding the sale of tobacco products or prescription drugs and devices; (r) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes. 

 

ACTIVITIES REQUIRING APPROVAL 

PayPal requires pre-approval to accept payments for certain services, as set forth in the PayPal acceptable use policy, which you may access as of the date of this policy at the following link: https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full. 

 

MORE INFORMATION 

To learn more about the Acceptable Use Policy, please refer to [email protected]. 

 

VIOLATIONS OF THE ACCEPTABLE USE POLICY 

We encourage you to report violations of this Acceptable Use Policy to VBSchedule immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email VBSchedule at [email protected]. 

 

OWNERSHIP 

VB Software LLC and its licensors own all rights, title, and interest in the Services including but not limited to any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of VBSchedule.  

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of VBSchedule or any third party. Any unauthorized use of the Services will terminate the permission or license granted by VBSchedule to you under these Terms and may violate applicable law, including but not limited to copyright laws, trademark laws including trade dress, and communications regulations and statutes. 

You agree that submission of any ideas, suggestions, documents, and/or proposals to VBSchedule (“Feedback”) is at your own risk and that VBSchedule has no obligations including without limitation obligations of confidentiality with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to VBSchedule a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. Additionally, if you provide reviews or quotes about any of the Services to VBSchedule (“Reviews”), you hereby grant VBSchedule a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner and all Reviews and to include your first name in connection with VBSchedule’s use of the any such Review. 

 

USER CONTENT 

You are legally responsible for all data, content or other information (“Content") uploaded, posted or stored through your Account or on your Organization Site or otherwise through your use of the Services. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. VBSchedule does not control the Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such Content. VBSchedule reserves the right, in its sole discretion, without notice at any time, to (a) review the Content posted via the Services; (b) edit, remove or refuse to post any Content, in whole or in part, for any or no reason in our sole discretion; (c) take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms or any other agreement between you and VBSchedule.  

VBSchedule claims no intellectual property rights over the Content you provide to the Services. Your Content remain yours. However, you grant to VBSchedule and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your Content works better with the Services) such Content as necessary to provide, improve and make the Services available to you and other Subscribers and Users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any Content that has been de-identified for any product development, research or other purpose including after termination of your use of the Services; and (d) use any Content for other purposes permitted by the VBSchedule Privacy Policy. You are responsible for making sure that you have all rights in the Content, including the rights necessary for you to grant us the foregoing license to the Content. 

In connection with any Content, you represent and warrant the following: 

If you are a Subscriber or User that utilizes VBSchedule to perform Services on your behalf, you agree that you are solely responsible for posting all applicable privacy policies or notifications on your Organization Site, for making all appropriate disclosures to visitors to your Organization Site and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of User personal information to service providers such as VBSchedule.  

If you are a Subscriber that uses VBSchedule to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with VBSchedule or hosted on VBSchedule' servers certain types of personal information that could trigger state breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, social security, driver's license, bank account or credit card numbers, unless such information is provided to VBSchedule in a system specifically designed to protect and store such information. If such information is shared with VBSchedule or hosted on VBSchedule’ servers in a manner that VBSchedule deems to be insecure, VBSchedule has the right, but not the obligation, in its sole discretion, to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers state breach notification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws. 

 

APP STORES 

You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and VBSchedule, and do not involve the App Store company. VBSchedule, not the App Store, is solely responsible for the App, including the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance and intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store company and its subsidiaries are third-party beneficiaries of the Terms and will have the right to enforce them. 

 

PRIVACY 

Refer to VBSchedule's Privacy Policy to understand how VBSchedule collects, uses and discloses your personal information. Subscribers agree to use any Player information it collects through or stored within the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by VBSchedule. 

 

YOUR LIABILITY 

You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or using your Account. You agree to indemnify VBSchedule and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials that you submit or a third party submits on your behalf or using your account.  

Furthermore, VBSchedule takes no responsibility for any damages, injuries or other consequences that occur from your using VBSchedule content. 

 

TRADEMARKS AND SERVICE MARKS 

"VBSchedule," "VBSchedule.com" and VBSchedule's logos are trademarks, service marks or registered trademarks of VB Software LLC and may not be copied, used or imitated, in whole or in part, without the prior written permission of VB Software LLC or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without VB Software's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of VB Software, and may not be copied, imitated, or used, in whole or in part, without VB Software's prior written permission. All other VBSchedule names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VBSchedule. 

 

LINKS AND THIRD-PARTY CONTENT 

VBSchedule or third parties may provide links on the Services to other sites or content. VBSchedule has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. VBSchedule provides links to you only as a convenience, and the inclusion of any link on the Services does not imply VBSchedule’s affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, VBSchedule’s terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites. 

 

NO WARENTIES 

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. VBSCHEDULE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, SERVICES, AND ALL CONTENT AVAILABLE THEREIN THE SITE. VBSCHEDULE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE. 

VBSchedule is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download. 

 

LIMITED LIABILITY 

IN NO EVENT SHALL VBSCHEDULE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. 

You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and VBSchedule. The warranty disclaimer and limitation of liability inure to the benefit of VBSchedule’s suppliers as well. 

 

ARBITRATION AGREEMENT 

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, use of any product or service provided by VBSchedule, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court may be resolved by arbitration on an individual basis under the terms of this “Arbitration Agreement”. 

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.   

Notice to VB Software LLC:  

14050 Judicial Road,  

Burnsville, MN 55337.  

After the Notice is received, you and VBSchedule may attempt to resolve the claim or dispute informally. If you and VBSchedule do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party shall not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. 

Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules (the “JAMS Rules”) governing the arbitration are available online at https://www.jamsadr.com/. The arbitration shall be conducted by a panel of three neutral arbitrators – one selected by each party and the third selected by the other two Arbitrators.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitrator panel. 

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. 

If you or VBSchedule pursue arbitration, the arbitration action must be initiated and demanded within the applicable statute of limitations in the State of Minnesota and within any deadline imposed under the JAMS Rules for the pertinent claim. 

YOU AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. 

This Arbitration Agreement will survive the termination of your relationship with VBSchedule. 

Notwithstanding the foregoing, either you or VBSchedule may bring an individual action in small claims court. 

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. 

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. 

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Dakota County, Minnesota for such purpose. 

 

CONDUCT POLICY 

Please read this Conduct Policy (“Policy”) carefully. It governs your conduct while using the Services. 

Any violation of this Policy may result in the suspension or termination of your access to the Services and such action as VBSchedule deems appropriate. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the Policy by you. 

 

PROHIBITED CONDUCT 

The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service. 

 

SYSTEM AND NETWORK SECURITY 

You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: 

 

ENFORCEMENT 

Notwithstanding anything to the contrary in this Policy, VBSchedule reserves the right, but does not assume the obligation, to investigate any violation of this Policy or any other misuse of the Services or its systems, equipment or network. VBSchedule further reserves the right in its sole discretion to screen, edit, modify, remove or disable access to any content that violates these provisions or that VBSchedule deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in the VBSchedule Privacy Policy, VBSchedule reserves the right to report any activity, data or persons including the disclosure of relevant user information to appropriate law enforcement officials, regulators, or other appropriate third parties if VBSchedule suspects you have violated this Policy or any law or regulation. VBSchedule also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. 

If you want to report any violations of this Policy, please contact us at: [email protected]. 

 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) 

VBSchedule is an internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, VBSchedule maintains specific contact information provided below for notifications of claimed infringement regarding materials posted to the Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement): 

Copyright Agent
VB Software LLC
14050 Judicial Road

Burnsville, MN 55337



VB Software LLC will respond expeditiously to claims of copyright infringement committed on the Website. In notifying VB Software LLC of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit VB Software LLC to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. 

 

GENERAL PROVISIONS 

Waiver and Release of Liability 

You agree to release VBSchedule and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  

Non-Assignment 

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without VBSchedule’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  

Force Majeure 

VBSchedule shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.  

Governing Law 

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Minnesota without giving effect to any principles that provide for the application of the law of another jurisdiction. 

 

Notice 

Where VBSchedule requires that you provide an e-mail address, you are responsible for providing VBSchedule with your most current e-mail address. In the event that the last e-mail address you provided to VBSchedule is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, VBSchedule’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  

You may give notice to VBSchedule at the following address: 14050 Judicial Road, Burnsville, MN 55337. Such notice shall be deemed given when received by VBSchedule by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail with return receipt at the above address. 

 

Failure to Enforce 

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 

 

Unenforceable 

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 

 

Complete Agreement 

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. 

Your use of, and participation in, certain Services may be subject to additional terms and such terms will either be listed in the Terms of Service or will be presented to you for your acceptance before you use the supplemental Service. 

Please note that the Terms are subject to change by VBSchedule in its sole discretion at any time. When changes are made, VBSchedule will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date on the Terms of Service. If VBSchedule makes any material changes, and you have registered with us to create an Account, VBSchedule will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. 

VBSchedule may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).