myVbook

Terms & Conditions / Privacy Policy / Legal

This website is governed by the following privacy policy.  

Introduction

MyVbook Ltd allows you to create, edit & share your own virtual book(s) with others. myVbook.com and myVirtualbrochure.com are applications of myVbook Ltd, a UK corporation, registered at:

HLB House,
68 High Street,
Tarporley,
Cheshire,
CW6 0AT
Reg Number: 7066680

+44 (0)845 6262 333

www.myvbook.com & www.myVirtualbrochure.com  

By using any of our applications, you agree to comply with all general terms and conditions of myVbook Ltd.  Within this agreement we have clearly specified the individual contractual commitment and subscription costs relevant to each of our applications.

WE DO NOT MONITOR NOR CONTROL THE USE OF MYVBOOK Ltd BY USERS. We strongly recommend that minors ask their parents for permission before registering to Myvbook Ltd or send a personalized ‘myvbook’ to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

Use myvbook in a responsible manner. You understand that your personalized ‘myvbooks’ can be shared and be accessed by a child. YOU are responsible for any use of myvbook that may infringe or otherwise violates other users’ rights.

Myvbook Ltd respects your privacy and is committed to protecting it. This Privacy Policy is intended to inform you of our Privacy Policy and of the choices you can make about the way your information is collected online and how that information is utilized by us. Certain pages on our website have been structured so that you can access the Myvbook Ltd website without identifying yourself or revealing any personal information. However, should you wish to make full use of the Myvbook Ltd website you will be required to register and provide us with personal information and accordingly we have made this notice readily available on our home page and at the bottom of every page that collects personal information.

Myvbook Ltd has developed its privacy practices in line with the UK Data Protection Act (DPA) 1998.

Use of MyVbook

The use of Myvbook is granted under license for your personal use and for you to share Myvbook Ltd personalized ‘vbooks’ with your personal contacts. Myvbook is intended for entertainment purposes only. The application Myvbook is the property of Myvbook Ltd.  Myvbook is a trademark of Myvbook Ltd. Nothing in these terms of use shall have the effect of transferring the ownership of any intellectual property rights to you.

Submissions

In these terms of use, we use the word "Submissions" to mean text, messages, photographs, images and other content you may upload through Myvbook Ltd to create your personalized ‘vbook’ including your and/or other persons' personal information. Submissions are content that we expressly request or that you distribute on or through Myvbook Ltd. We, our licensees and other authorized users shall be entitled to transmit and disclose through Myvbook Ltd all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. For content that is covered by intellectual property rights, like images, photos and videos ("IP content"), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to transmit to the recipient (or any other) of the personalized ‘vbook’ any IP content that you upload on Myvbook Ltd.

Licenses & Representations

By uploading or otherwise transmitting a Submission on Myvbook Ltd, you represent and warrant that the Submission does not infringe other peoples’ rights, including intellectual property rights, and that it conforms to the Rules of Conduct and other requirements of these terms of use and that you have the necessary rights, licenses and permissions, to transmit, and to authorize us to transmit such Submission. You hereby waive all your moral rights in the Submission.

Referrals & Links to Third Party Sites

MyVbook Ltd will not be held responsible for any content within Vbooks, including links to third party software such as YouTube video's.  If any links change or fail to work it is the member's responsibility to rectify them and myVbook Ltd cannot be held liable for any damage or losses incurred by the use of such links or by their operational failure.  By inserting third party links into a Vbook, the author of the respective Vbook assumes total responsibility, both morally and legally.  MyVbook Ltd provides the facility to include third party links as a convenience to members, and the inclusion of any link does not imply our endorsement of the site.  Such third party sites are not under the control of myVbook Ltd and, therefore, myVbook Ltd will not be held responsible for the content of any linked site, nor for any links contained therein.

Rules of Conduct

By using Myvbook Ltd, you agree that you will not distribute any Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a rights of privacy of another person; (b) is hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity; is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, conspiracy to commit any criminal activity; infringes or violates any right of a third party including: (a) proprietary, intellectual property or contractual rights; (b) right of privacy or publicity; or (c) any confidentiality obligation; (d) contains a virus or other harmful component, or otherwise tampers with, impairs or damages Myvbook Ltd or sites of our partners, or otherwise interferes with any person or entity's use or enjoyment of Myvbook Ltd. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

$250 Competition Information & Rules

Vbook entries will be submitted through the 'Competition' page on www.myVbook.com and, once submitted, that entry will be automatically copied and saved by our system; this means you can keep using, editing and sharing that Vbook in your account, without it affecting your entry(ies).  The submission page will be available through the website from 10th December 2010.

Start Date: 9.00am (GMT) on Wednesday 1st December 2010.

Closing Date: Midnight (GMT) on Monday 31st January 2011. 

Requirement: Submit a Vbook about anything you want, minimum 3 pages (including front cover).  Offensive, abusive or obscene entries will not be considered for the competition.

Winners Notified: By Monday 14th February 2011.

Main Prize:  1 payment of $250 (USD)

Runner Up Prizes: 4 Free membership upgrades to Platinum Entries may be submitted by 'Free trial' & 'Paid Up' members

Every member is entitled to submit unlimited Vbook entries within the competition period.

Main prize & runner up winners will be contacted via the email details supplied with their entry and, once an acknowledging email has been received in response, arrangements will be made to upgrade runner up myVbook accounts & transfer the $250 to the main prize winner.

The 'main prize' winner will be given the option of payment via Paypal or BACS payment & payment will be made within 24 hours of receiving a response from them.

Runner Up myVbook winners will have their accounts upgraded within 24 hours of receiving a response from them.  Should a user already be a Platinum member then they are entitled to choose either an additional FREE Platinum membership or 5 extra Vbooks will be added to their existing account.

Submitting competition entries to myVbook Ltd

Each Entrant hereby agrees that myVbook Ltd may make any and all Vbook entries available on the website and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio. You now grant myVbook Ltd (and third parties authorised by myVbook Ltd) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit or copy such Entries.

MyVbook Ltd does not claim any rights of ownership in your Entry. As such, you retain overall ownership of your Entry but grant myVbook Ltd the right to use all Entries as set out in the Rules, ie. where the Rules stipulate that winning entries will form an integral part of the myVbook website, for a specified period of time, then such Entries will not be accessible for any purpose whatsoever to the Entrant, during that period.  

Removal of Submissions

We reserve the right, but disclaim any obligation or responsibility, to remove any Submission that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

Indemnification

You are responsible for maintaining the confidentiality of all information concerning your personal information and those of the person to whom you transmit the personalized Myvbook. You hereby agree to indemnify, defend, and hold us, other users, and our distributors, harmless from and against any and all losses, damages, liabilities and costs that may result from the use of Myvbook Ltd or from any breach by you of these terms of use or claims arising from your use of Myvbook Ltd or the third parties’ information in the Submission.

Limitation of Liability

YOU USE MYVBOOK LTD AT YOUR OWN RISK. WE ARE PROVIDING MYVBOOK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MYVBOOK  WILL BE SAFE OR SECURE. MYVBOOK LTD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MYVBOOK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MYVBOOK LTD WILL NOT EXCEED THE GREATER OF FIFTY POUNDS STERLING (£50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MYVBOOK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Reporting an Infringement

Notifications of claimed copyright infringement must be sent to:  customerservices@myvbook.com

The Notice of infringement is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. It is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. This information must also enable us to identify the advertisement to be removed.

To be effective, the notification must be a written communication (email) that includes the following:


Notice of Infringement

Email:  customerservices@myvbook.com

Date:  

Unique URL of the Myvbook:     

Dear MYVBOOK,

I, ____________________of __________________________solemnly and sincerely declare as follows:   

• I am the owner, or act on behalf of the owner, of certain intellectual property rights (“IP Owner”); 

 I have a good faith belief that the submission as attached or copied in the present email contains materials that infringe the IP Owner’s rights;

• I indemnify Myvbook Ltd and all her affiliates for any third party claims with regard to the removal of the said submission; and 

• The information in this declaration is true and correct.  

Please remove the submission(s) attached or copied in the present email as soon as possible.  

Reason for removal: (you need to submit here the reason of the notice, the work or right that is being infringed)  

I may be contacted at:

Name and Title:         

Address:          

Country:            

Email address (for communication with Myvbook Ltd):        

I, the undersigned, declare that I have the proper authority to sign this notice of infringement on behalf of the IP Owner: (physical signature or digital signature)


We may give you notice that we have removed or disabled access to certain material by means of a notice to a user's e-mail address in our records. If you receive such a notice, you may provide counter-notification in writing that includes the following:

·          Your physical or electronic signature;

·          Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

·          A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

·          Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United Kingdom, for any judicial district in which Myvbook may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Applicability

This Privacy Policy applies to the Myvbook Ltd websites only. This statement is not applicable to other related websites not specifically included.

Myvbook Ltd websites may contain links to or from other sites ("linked sites"), including sites maintained by myvbook Ltd but which are not governed by this Privacy Policy. Accordingly, myvbook Ltd is in no way responsible for the content or the privacy and security policies employed by linked sites.

Types of information collected

When someone visits our website we may collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the Myvbook Ltd website. We collect this information in a way which does not identify anyone. When you register on the Myvbook Ltd website we need to collect certain information about you in order to provide you with the services you have requested. This information may include, but is not limited to:

·          Name

·          Email Address

·          Date of Birth (DOB)

·          Contact Telephone Number(s)

·          Country of Residence

Once you choose to register with Myvbook Ltd and provide us with personal information, it will be used for the purposes of providing you with the requested service. We respect your privacy and undertake not to sell, rent or lease your personal information to others.

You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify Myvbook Ltd (email) of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Myvbook Ltd.

Certain non-personal information may be collected while you are using the website. This will comprise of data about usage and service operation that is not associated with a specific personal identity.  Myvbook Ltd may collect and use this non-personal information to evaluate how the myvbook Ltd websites are being used.

Most non-personal data is collected via cookies or other analysis technologies.  Myvbook Ltd may also use Google Analytics to help analyse use of our website. This analytical tool uses 'cookies', which are text files placed on your computer, to collect standard internet log information and visitor behaviour information in an anonymous form. The information generated by the cookie about your use of the website (including your IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the website and to compile statistical reports on website activity for the myvbook Ltd website. To find out more about cookies, including how to control and delete them, visit www.aboutcookies.org/ .

Myvbook Ltd will not (and will not allow any third party) to use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. We will not associate any data gathered from this site with any personally identifying information from any source as part of our use of the Google statistical analytics tool. Google will not associate your IP address with any other data held by Google. Neither myvbook ltd nor Google will link, or seek to link, an IP address with the identity of a computer user.

These technologies may vary, but in many cases may involve a small file stored locally on the computer used to access the myvbook Ltd websites, and may be used to store and collect information relating to your viewing and use of the websites. Information collected through cookies is used to create a profile of our users. A profile is stored information we keep on individual users that details their preferences, their use and request history and behavioral activity, and can minimise the need for you to re-enter information.

Most cookies expire after a defined period of time, or you can delete your cookie file at any time. Most web browser software is initially set up to accept cookies. You can reset your web browser software to refuse cookies or to indicate when a cookie is being sent. However, some parts of our Site will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing transactions.

Myvbook Ltd may collect your computer's IP (Internet Protocol) address and domain name address, the identity of your Internet service or access provider, the type of web browsing software you use, your computers operating system, the URL of the web page from which you came to visit our Site and the language you selected for your web browsing software (collectively referred to herein as clickstream data). We use these technologies to identify our users, to help diagnose problems with our server, and to administer the Myvbook Ltd websites and the services offered thereon.

At times, Myvbook Ltd may hire other companies to provide limited services on our behalf. Such limited services include, but are not limited to, order fulfillment, direct mail services and answering customer questions about products and services. These companies will only be provided with the information they need to perform the service, and they are strictly prohibited from using that information for any other purpose.

Myvbook Ltd may occasionally present a special contest or promotion sponsored by another company. You may be asked to provide personal information in order to quality for this contest or promotion. If your personal information will be shared with the sponsor(s), you will be notified prior to your submission of personal information.

Myvbook Ltd needs and uses your personal information to provide you with the services you request and to help us better understand your needs and interests in the future. Specifically, Myvbook Ltd uses your information to help you complete and process the transactions you have requested. Sensitive personal information if collected will only be used if you choose to allow us to do this in terms of your personal preferences options and will be shared only with your express permission.

Personal data given to myvbook Ltd may be transferred across state and country borders for the purposes of data consolidation, storage and simplified customer information management.

How Myvbook Ltd will share your information and with whom?

Myvbook Ltd will not share your personal information with third parties except in responding to your requests for products or services. Your permission will be requested when you submit your information.

Myvbook Ltd and Myvbook Ltd partners, who may provide you with the services requested through the Myvbook Ltd websites, are required to keep confidential the information received on behalf of Myvbook Ltd and may not use it for any purpose other than to carry out the services they are performing for myvbook Ltd.  Myvbook Ltd will not share personal information with any other third parties without your permission, unless required by law enforcement action, subpoena, or local law.

Myvbook Ltd or the myvbook Ltd websites could merge with or be acquired by another business entity or organization. In that event Myvbook Ltd will make every reasonable effort to notify you in the event we share with the merging or acquiring entity some or all of your personal information. However, you are requested to continually check this Privacy Policy for any updates or changes.

Privacy preferences

Myvbook Ltd will not use your personal information for a different purpose than the one stated when you provided your data.  Myvbook Ltd may send 'members' & 'non-members' communications about updated information, new services and marketing messages.  Myvbook Ltd reserves the right to communicate via email with any individual that enters their details on the Myvbook website, including all 'Free Trial' and paid-up members.

MyVbook Ltd will at certain times give 'members' & 'non-members' notifications about upgrade options, renewals & promotions. You can, however, choose not to receive these types of non-subscription communications by clcking 'unregister' at the bottom of one of these communications.

Cancellation & Refund Policy

Due to the nature of the software provided by myVbook Ltd to 'members' & 'subscribers' there is a strict No Refund policy.  Cancellations may be submitted at any time to myVbook Ltd, however, even if this cancellation is received part way through a membership period, no refund will be issued.  Upon cancellation of a membership, myVbook and myVirtualbrochure accounts will become inactive within 24 hours & we reserve the right to cleanse our servers of all data / media in order to improve performance for active members.  Please be aware, once you have completed the payment process you are not eligible for a refund.

MyVbook.com - Payment & Renewal Service

For 'active' members, if Myvbook Ltd does not receive a cancellation request 14 days prior to the annual membership renewal date, then membership will automatically be renewed & rebilled at the same membership level & cost of your current membership.  To cancel your membership at any time you may email: customerservices@myvbook.com 

Your subscription purchase today includes enrollment in the Myvbook Automatic Renewal Service, allowing you to conveniently maintain your product subscription. Myvbook Ltd will automatically renew your membership at the same ‘level’ as your previous membership & charge the then-current renewal subscription fee (plus applicable taxes) to your credit or debit card without any additional action by you prior to the expiration of your product subscription.  For 'active' members, if myVbook Ltd does not receive a cancellation request 14 days prior to the annual membership renewal date, then membership will automatically be renewed & rebilled at the same membership level & cost of your current membership.  To cancel your membership at any time you must email: customerservices@myvbook.com quoting your full name, email address, username, & password.  

MyVirtualbrochure.com - Contractual, Renewal & Payment conditions 

The monthly subscription fee for using the myVirtualbrochure.com site has been costed on the understanding that the contractual period runs for a minimum of six months. On completion of this period, the subscription will continue on a rolling monthly basis. 

It is incumbent on the subscriber to give myVbook Ltd, 30 days notice of their wish to cancel a subscription; this can be done by emailing customerservices@myvirtualbrochure.com quoting your registered name, email address, username & password.

If a subscriber chooses to upgrade/amend their subscribed 'package' it is on the clear understanding that all and any upgraded/amended subscriptions will run for a further minimum period of six months, and then will continue on a rolling monthly basis until such time as 30 days notice of cancellation has been notified (as above).

Your subscription fee (plus any applicable taxes) will be collected using the myVbook Ltd Automatic Renewal Service, allowing you to conveniently maintain your product subscription.  Your rolling monthly subscription fee (plus any applicable taxes) will be charged at the same monthly rate as your 'current' 12 monthly membership to your credit or debit card, without any additional action by you, until such time that you notify myVbook Ltd of your wish to cancel your subscription.

If, during your contractual period, the subscription fee is not collectable (ie. you cancel your Direct Debit payment in contravention of your contractual agreement with myVbook Ltd) then your account will be immediately suspended.  You will then have a 'grace' period of 10 days within which to contact customerservices@myvirtualbrochure.com  and  to reinstate payment procedures - this ensures that, where a genuine banking/clerical error has occurred, you will not incur any penalty charges nor lose all rights to product usage.  Should you intentionally withhold your contractual payment, we will invoice you for the remaining 'contractual period' outstanding of your 'current' subscription, ie. should a DD be cancelled after only the first of six, monthly, payments has been collected then you will be invoiced in one lump sum for the outstanding 5 months of your contractual period.  Should you cancel during a rolling monthly contractual period, you will be invoiced for 1 months' subscription fee.  If payment of such invoice is not received within 28 days of the invoice date we will immediately, and without further notice, commence County Court proceedings to recover the 'contracted fees' due to us, plus any costs incurred in instigating any such proceedings.

Data & Information Storage

Myvbook Ltd allow members to upload a range of media types for use in the creation of 'vbooks' however, Myvbook Ltd regularly 'cleanse' their servers to remove redundant media & improve the performance of the software for all of its members.  Therefore, Myvbook Ltd takes no responsibility for any data or media lost by an individual or company.  Myvbook Ltd recommends all members keep duplicates of any media they upload to the Myvbook Ltd software so they never experience data loss.

Data Access, accuracy, amendments, retention and opting out

Myvbook Ltd will try to keep your personal information accurate. We will provide you with access to your information, including making reasonable efforts to provide you with online access and the opportunity to change your information, if possible. To protect your privacy and security, when doing so we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data.

Upon request, Myvbook Ltd will:

If you do not want Myvbook Ltd or Myvbook Ltd representatives to contact you, or you wish to request a correction or cancellation you may "opt-out" at any time. You may "opt-out" by contacting Myvbook Ltd Customer Service Department or by following the instructions included in the email correspondence.

Security

Myvbook Ltd undertakes to take all reasonable measures to protect the information you provide us. These measures include, but are not limited to preventing unauthorized access or disclosure, maintaining data accuracy, and ensuring the appropriate use of the information.  Myvbook Ltd has in place appropriate physical and managerial procedures to safeguard the information we collect.

Changes to this statement

Please note that these guidelines are subject to change at any time. Any such changes will be posted on this page. You are encouraged to review this Privacy Policy at the inception of each session.

Copyright

The information on this website is protected by copyright:

Copyright © 2011 Myvbook Ltd. All rights reserved.

Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from Myvbook Ltd.

Trademarks

Myvbook Ltd, graphics, logos, and service names are trademarks of Myvbook Ltd. Except as specifically permitted herein, these trademarks may not be used without the prior written permission from Myvbook Ltd. All other trademarks not owned by Myvbook Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Myvbook Ltd.

Acceptance of policy

By using the Myvbook Ltd websites, or otherwise providing your personal information to Myvbook Ltd, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use the websites or provide any personal information to Myvbook Ltd.

Effective date of policy: 1 January 2010