This is Varlens Terms of Service, meaning the contract between you and Varlens when you use Varlens's apps, website, services, and functions. You should read this carefully before you use Varlens. We've tried to be fair and straightforward. If you have any questions or suggestions, feel free to email us. We've also included several annotations; these annotations aren't a part of the contract itself, but are intended to help you follow the text and emphasize key sections.
1. Accepting the Terms of Service
2. Modifications to this Agreement
Varlens reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via the Services (such as through a notification in your Varlens interface). You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
As Varlens grows and improves, we might have to make changes to the Terms of Service. When we do, we'll let you know.
3. Use of the Services
No individual under the age of twelve (12) may use the Services or provide any information to Varlens or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with Varlens and are not legally prohibited from using the Services.
You have to be at least 12 years old to use Varlens. We're serious: it's a hard rule. If you're younger than 12, don't use Varlens. Ask your parents for an Xbox or try books.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Varlens retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Varlens may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Varlens may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Varlens may also suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Varlens and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Varlens (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Varlens; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Varlens 's express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Don't do bad things to Varlens or other users. Some particularly egregious examples of automated "bad things" are listed in this section.
4. Registration, Varlens URLs, and Security
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and Varlens username.
You should provide Varlens with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.
It's really important that the email address associated with your Varlens Account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
Don't choose a Varlens URL with the intention of impersonating someone/something or otherwise causing confusion about who's behind your blog. Parody, criticism, and other fair uses of others' names are fine, so long as there's no intention to impersonate or confuse.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Varlens immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
5. Paid Services
Some of the Services require payment of fees. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of the Services.
Varlens may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided
Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Varlens sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services.
Varlens may change its prices for Paid Services at any time. To the extent applicable, Varlens will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
6. Warranty Disclaimer; Services Available on an "AS-IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, VARLENS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Varlens makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Varlens also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Varlens or through the Services, will create any warranty not expressly made herein.
7. Release From Liability
You release, to the fullest extent permitted by law, Varlens, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:
● Disputes between Subscribers, including those between you and other Subscribers.
● Third party sites and services, including content found on such sites and services.
● Disputes concerning any use of or action taken using your Account by you or a third party.
● Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
● Claims relating to in any way to any face-to-face meetings in any way related to Varlens at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups; see our Meetups page for more information. Varlens does not sponsor, oversee, or in any manner control Meetups.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VARLENS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ZINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF VARLENS AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$30.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Either party may terminate this Agreement at any time by notifying the other party. Varlens may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Varlens may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Varlens or any third party.
10. Legal Disputes
You and Varlens agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Varlens otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of China as they apply to agreements entered into and to be performed entirely within Shenzhen between Shenzhen residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Varlens must be resolved exclusively by a state or province court located in Shenzhen, China, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Shenzhen, China for the purpose of litigating all such claims or disputes.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Varlens with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Varlens's prior written consent. Varlens may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Varlens in any respect whatsoever. Any notice to Varlens that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Aura Marker Studio Co., Ltd.
12. Special Provisions for Subscribers Located Outside of China
Varlens provides global products and services and enables a global community for individuals to share and follow the things they love. Varlens's operations are, however, located in the China, and Varlens's policies and procedures are based on Chinese law. As such, the following provisions apply specifically to Subscribers located outside of the China: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the China and/or other countries; and (2) if you are using the Services from a country embargoed by the China, or are on the China Treasury Department's list of "Specially Designated Nationals," you agree that you will not conduct any commercial activities using or through the Services.
And now, some words from our lawyers:
If we conclude you are violating these policies, you may receive a notice via email. If you don't explain or correct your behavior, your account may be suspended and/or your IP address may be blocked. We do our best to ensure fair outcomes, but in all cases we reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies don't create a duty or contractual obligation for us to act in any particular manner.
We also reserve the right to amend these policies using the procedures set forth in our Terms of Service.
If you have questions or feedback, don't hesitate to let us know.
Aura Marker Studio