User Agreement Short version: Don't use us to spam or do anything else illegal.
 

Acceptance of the GrapevineQR VIRAL™ Service Agreement. OMS Asia (HK) Limited, (OMS Group) agrees to provide our marketing platform for coupon campaigns, email collection, forwarding and related services (The Service) to you (Customer) under the terms of GrapevineQR VIRAL™ Service Agreement (The Agreement). By using The Service you agree to be bound by all of the terms set forth herein.

 

Title. GrapevineQR VIRAL™ and the GrapevineQR VIRAL™ logo are service marks of OMS Group, and registered internationally. All content found on the GrapevineQR VIRAL™ site is copyrighted and protected by national and international law.

Acceptable Use. Customers will not use the Service for any unethical or illegal activity, or transmit any text, data, graphics, or other material for any illegal purpose or which is related to illegal activity, or in violation of another's rights, including, but not limited to, copyrights, trade secrets, and privacy. The customer shall not transmit or receive any threatening, harassing, libelous or obscene material. The Customer shall not transmit or receive any material which is deemed illegal by any local, state, federal, or international law. The Customer shall not use the Service in conjunction with spamming, sending bulk email, or sending unsolicited email. Customers may not use their GrapevineQR Viral™ address in the message headers or body in any of the above-mentioned emails. To do so will result in a fine of $150 per incidence. Customer may not resell the Service without the written consent of OMS Group. OMS Group, at its sole discretion, may terminate Service if the Customer fails to comply with any of the terms of this Service Agreement, or for any other reason that OMS Group considers compelling.

Disclosure. OMS Group will not monitor or disclose the contents of Customer's email, except when required by or under exigent circumstances to protect the personal safety of its customers or the public, when required to do in the course of system maintenance, or when requested by the Customer.

Warranty. OMS Group makes no warranties of any kind, either expressed or implied, for the Service. OMS Group disclaims any warranty of merchantability or fitness for a particular purpose. The entire risk as to the performance of, or arising out of the use of the Service is borne by the Customer. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to the Customer and the Customer may have other legal rights that vary by jurisdiction.

Limitation of Liability. Under no circumstances and under no legal theory, tort, contract, or otherwise shall OMS Group be liable to Customer or any other person for any indirect, special, incidental, or consequential damages including, but not limited to, loss of data, delays, misdeliveries or service interruptions caused by OMS Group's negligence, Customer's negligence, or unforeseeable acts. In no event will OMS Group be liable for any damages in excess of what OMS Group has received from Customer for the Service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to Customer.

Intellectual Property. Customer agrees that their GrapevineQR VIRAL™ alias does not interfere with the intellectual property rights of any third party, and is not being used for any illegal purpose. Violation is ground for immediate Service termination.

Indemnification. Customer agrees to indemnify and hold OMS Group, its affiliates, officers, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the Customer's use of the GrapevineQR VIRAL™ Service, the violation of the Agreement by the Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any intellectual property of other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Customer communication.

Non-Transferable. GrapevineQR Viral™ accounts are non-transferable and campaigns must be applied to the designated enterprise assigned to the account.

One Account Per Business. GrapevineQR Viral™ accounts are assigned on a per business-entity basis. The name of the business for which an account is assigned is determined during the account sign up process. In cases where a business owner operates more than one business-entity under differnt business names a separate account must be created for each business.

Billing. All payments for set-up, monthly management fees (subscription) and Campaign Credits must be payable by the designated corporate-company account holder or authorized person assigned to the account.

Financial Loss. If Customer misuse of the Service results in financial loss to OMS Group, the Customer agrees to fully compensate OMS Group for costs and damages incurred.

Modification.OMS Group reserves the right to modify the Service or change the terms and conditions of this agreement. OMS Group shall provide notice of such changes by posting on its World Wide Web site. Customers not agreeing to the modified agreement may terminate the Service. Continued use after such material has been posted shall be deemed acceptance of the agreement by the customer.

Notice. Any notice required shall be given as follows: Notice from Customer to OMS Group shall be in writing via certified mail or email. Notice from OMS Group shall be in writing and shall be made by certified mail, email, or posted on the OMS Group or GrapevineQR Viral™ web site.

Termination. GrapevineQR VIRAL™ Service may be terminated, effective immediately, by either OMS Group or the Customer at any time upon written notice to the other party. Upon termination Customer's right to use Service immediately ceases. OMS Group shall not be liable for any third party termination of the Service.

 

Severability. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this agreement.

Waivers. No waiver on the part of OMS Group to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power, or provision.

Entire Agreement. This Agreement sets forth the provisions with respect to the subject matter herein and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter.

Action Limit. No action, regardless of form, arising out of, or in any way related to the subject matter of this agreement, may be brought more than two years after the cause of action has risen.

Governing Law. This Agreement shall be governed by the laws of Hong Kong S.A.R. The Customer agrees that any action brought under, arising out of, or in connection with this agreement, or any alleged breach hereof, the sole forums shall be in Hong Kong, and that any action commenced in such courts shall not be transferred or removed to any other country, state or federal court. The Customer agrees to personal jurisdiction and venue of such courts.