Terms of Service
We (Ziffen LLC) own and operate this website (Vorongo.com) commonly referred to a “Site” in this Terms of Service Agreement. Access to and use of this Site and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). Vorongo.com reserves the right to modify these Terms of Service at any time. Your continued use of this Website following the posting of any changes to the Terms of Service means that you accept and agree to abide by such changes. Vorongo.com expressly reserves the right to deny or restrict access to the Website for failure to follow the terms set forth herein.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO THE FOLLOWING TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THIS WEBSITE.
1. ACCESS TO THE SITE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If We believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
To gain access to this Site you must register as a “Client” using the “Sign Up Form” at the Site. After gaining access, if you wish to place orders, you will need to add additional information and add funds to your account. All registration data must be accurate and truthful. You have in no way a right to be registered with this Site. Vorongo.com can terminate your account and deny you from all its services at any time.
All orders are prepaid and are automatically deducted by Site from your account balance at the time the order is placed.
When submitting an order, Site will make an effort to connect your order with a relevant writer. There are no guarantees that a writer will match your order and be assigned to your order. Your order must not infringe upon rights of third persons, including; copyrights, moral rights, trademarks and services marks, etc. You may not submit any slanderous, pornographic, obscene, libelous, or degrading orders.
In the event of any violation(s) we will have the right to immediately close your account, terminate any remaining orders, and deny you further access to our Site.
3. DELIVERY OF CONTENT
The order (Pending Approval) will be posted to the Client’s account once the writer completes the assignment. The Client can review the order and approve the order or request a revision.
Revisions are only granted if the writer did not follow the specific instructions or criteria provided in the order. The revision request needs to be very detailed by the Client so the writer has clear direction on what to fix. The Client also needs to specifically describe why they have requested the revision.
A Client may request an order to be rejected. To reject an order the Client must have allowed the writer at least one revision and only if the directions were not followed by the writer. This Site has the final word on whether the customer’s rejection was (un)justified.
If the Client does not take any action on orders that are Pending Approval within 72 hours the order will be automatically be approved for the Client. Once approved the Client loses the privilege of requesting a revision or rejecting the article.
4. REFUND POLICY
You may request a refund of any balance not used on this Site. For further information please see our Refund Policy here: http://www.vorongo.com/refund-policy/
5. CLIENT RIGHTS TO CONTENT
This Site grants and licenses to the Client the sole and exclusive right to use the content how they deem. This includes; display, publish, perform, reproduce, distribute, create derivative works and sell the delivered and approved content in any way through any platform both online and offline.
The Client has no rights whatsoever to or ownership of any content until the Client has approved the order through the Site interface. ALL VIOLATIONS BY CLIENTS WILL BE ENFORCED BY SITE UP TO AND INCLUDING THE FULL EXTENT OF THE LAW.
6. WRITER COMMUNICATION AND RECRUITING
The Client should have no direct communication with the writers of this Site with the exception of communicating on orders through this Site. We provide a way to communicate directly on each order to the writer. Clients are not allowed to recruit or communicate with writers outside of our Site and by doing so is a violation of these Terms of Service. This includes asking writers to email, call or contact you in any way outside of this Site. Violations will be strictly enforced and may result in termination and further legal action.
7. THIRD PARTY FEES
Access to the Site may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for these fees. In addition, you must provide and are responsible for all equipment necessary to access and use this Site.
8. UNSERNAMES AND PASSWORDS
If Client chooses to Sign Up for an account on this Site the Client will need an email address and a password. These are for the purpose of logging into the content ordering interface on this Site. The password shall remain the sole and exclusive property of this Site and are issued to you only in the form of a revocable license. The Client is required to keep their password confidential.
9. NO AGENCY OR EMPLOYMENT RELATIONSHIP
It is the express intention of the parties that Vorongo.com is a service and not an employee, agent, joint venturer or partner of Client. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Client and Vorongo.com or any employee or agent of Vorongo.com. Both parties acknowledge that Vorongo.com is not an employee for state or federal tax purposes. Vorongo.com shall retain the right to perform Services for others during the term of this Agreement. Client will exercise no control or direction as to the means and methods for accomplishing this result. Vorongo.com represents that Vorongo.com has the qualifications and abilities to perform the Services hereunder in a professional manner without the advice or control of Client.
This Site may terminate for any reason, including without limitation the breach of this Terms of Service with or without advance notice. You agree and acknowledge that neither this Site nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or access to this Site. After termination by us, re-registration of you as a user of or on this Site is strictly forbidden. This Site and its affiliates disclaim any and all liability or responsibility arising from fraudulent entry and use of this Site. In case of fraud, we will take all necessary and appropriate actions under applicable federal, state, and international laws.
All notices required or permitted under this Terms of Service may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on this Site, or personal delivery by commercial carrier such as FedEx, DHL, or Airborne. Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
12. Attorney’s Fees
In the event any party (you or this Site) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms Of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
13. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. You acknowledge, represent and warrant that you have read these Terms Of Services and agree to be bound by them as part of and in consideration of using this Site.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The section titles in this Terms of Service Agreement are for convenience only and have no legal or contractual effect.
17. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
18. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to the conflicts of laws principles thereof. Venue for any action based on this Agreement shall be in the County of Riverside, State of California.
19. TRADEMARKS AND COPYRIGHTS
All of the content of this Site, including text, art, graphics, logos, buttons, images, pictures, audio clips, software, and code is the property of Vorongo.com, our partners or content providers and is protected by US and international copyright laws. Any other use of such content, including modification, transmission, presentation, distribution or re-publication is PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF VORONGO.COM.
All trademarks, trade names logos, brand names and service marks of Vorongo.com, whether registered or unregistered, are the property of Vorongo.com and are protected by the US and international trademark laws. These trademarks include, without limitation, VORONGO, VORONGO CONTENT WRITING, VORONGO CONTENT WRITING SERVICE VORONGO.COM, ZIFFEN and ZIFFEN, LLC.
Any use of these assets is prohibited without the express prior written consent of Vorongo.com. In no event may any such assets be used in connection with any product or service that is not the Vorongo.com, in any matter likely to cause confusion as to the source of the product or service or in any matter that discredits, disparages or misrepresents the Vorongo.com. All other trademarks, trade names, brand names or logos appearing on this Site are the property of their respective owners.
20. LIMITIATION OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CLIENT ACKNOWLEDGES AND AGREES THE MATERIALS PRODUCED UNDER THE TERMS OF THIS AGREEMENT ARE PROVIDED TO CLIENT “AS IS,” THAT IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND IN PARTICULAR, DOES NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS OR FOR A PARTICULAR PURPOSE. Client further agrees to maintain copies of all content approved.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE OF ANY SOFTWARE OR HARDWARE, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES AND THE LIKE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Vorongo.com’s liability, including, but not limited to, any of Client’s claims of contributions and indemnification related to third party claims arising out of the Services rendered by Vorongo.com, and for any losses, injury, or damages to persons or properties or work performed arising out or in connection with this Terms of Service Agreement and for any other claim, shall be limited to the payments actually received by Vorongo.com from Client for the Services rendered to Client hereunder.
Vorongo.com has no liability to Client if data or records are destroyed by a downed server, fire, theft, acts of God or any other cause. In the event of system malfunction for whatever reason, or inability to access the website, blog or server, Vorongo.com shall not be liable for damage to or loss of any Client data. Client further acknowledges that Vorongo.com is not liable, and Client will defend and hold Vorongo.com harmless from, any such damages arising out of or related to any search engine penalty, search engine algorithm update, complete unindexing from a search engine (e.g., a site no longer appears in certain search engines) and/or any drop in rankings related to Client’s website and/or blog.
Client assumes all risk as to the quality and performance of the Services provided under this Agreement and Client assumes the cost of all necessary servicing, repair or correction.
Client agrees to hold Vorongo.com harmless from liability resulting from violations of state of federal laws or regulations relating to e-commerce or PCI compliance.
To the fullest extent permitted by law, Client shall indemnify Vorongo.com and each of its members, managers, officers, employees and agents, and hold each of them harmless, from and against any and all claims, demands, liabilities, damages and expenses (including deductibles and reasonable attorneys’ fees) arising out of or resulting from any intentional act, gross malfeasance or misfeasance, or negligence (either by act or omission) by Client or anyone for whose acts Client may be liable (regardless of whether a claimant asserts that such claim, demand, liability, damage or expense is caused by Vorongo.com). Client’s liability for indemnity hereunder extends only to the extent of the negligence of Client in the case of any concurrent negligence by the party or parties indemnified hereunder. This indemnity is not limited to, but specifically applies to, any situation in which Vorongo.com is sought to be held liable vicariously, or by virtue of negligent supervision or otherwise, for the acts or omissions of Client.
Liability for indemnity under this Section shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party or person described in this Section. This Section shall survive any termination or expiration of this Terms of Service Agreement.
22.Consumer Rights Information - California Residents Only
This Section applies only to Californian residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Name of Service Provider:
1440 Beaumont Ave. STE A2-198
Beaumont, California 92223
Users who wish to access to the Client interface section of this Site must be a member in good standing.
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