Terms of Service

Last updated 20 January 2019

Hello, and thank you for choosing Vanillo. CosmicMedia LLC (“Cosmic,” “Vanillo,” “we,” or “us”) offers an online media sharing platform and community through its website at Vanillo.co and other Vanillo-operated websites (collectively the “Vanillo Site”), mobile applications, television applications, and other services provided online (collectively the “Vanillo Platform”). By registering for an account or by using any part of the Vanillo Platform in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement with you and Cosmic. If you do not wish to follow or be bound by this Agreement, please refrain from using the Vanillo Platform.

1. User Requirements for the Vanillo Platform

You must be at least 13 years old to use the Vanillo Platform. If you are 13 and older and still a minor, you must have the permission of a parent or legal guardian to use the Vanillo Platform. If you are a parent or legal guardian, by allowing your child to use the Vanillo Platform you agree to these terms on your child’s behalf. Some content on the Vanillo Platform may not be suitable for all audiences, so if you do not wish to see this content, do not access it.

2. License to Use the Vanillo Platform

Vanillo grants you a limited, non-exclusive license to use and access the Vanillo Platform. This license includes the right to view content available through the Vanillo Platform. This license is only for you and may not be transferred.
You will not reproduce, redistribute, sell, scrape, create derivative works from, reverse engineer, disassemble, or decompile any part of the Vanillo Platform or its source code. You will not attempt to take any measures to interfere with or damage the Vanillo Platform.

3. Membership

To use and have an account on the Vanillo Platform, you must first register as a user on Cosmic Accounts. Cosmic Accounts asks for the following information: first and last names, username, valid email address, birthday, gender, and country. By signing into the Vanillo Platform using a Cosmic Accounts profile, an account is automatically created. You must provide complete and accurate registration information to Cosmic and notify us and/or change it if any of this information changes. You are responsible for all activity that occurs in the name of your account, whether authorized or unauthorized. You must not allow any other users to use your account credentials and you must keep your credentials safe. If you are on a computer that other people can access, it is your responsibility to log out after your session is complete.

4. Subscriptions

Paid subscriptions are offered by Vanillo. Users who purchase monthly subscriptions have 5 days after purchase to receive a full refund. After cancellation, all purchases are final, and fees are non-refundable, even if your account is later terminated or deleted by Vanillo. You may choose to renew your subscription at the end of the subscription period. Subscriptions automatically renew, but you may decline to renew at any time before the subscription period ends. When a paid subscription ends on an account, the account automatically reverts to a free account.

5. Code of Conduct

By using the Vanillo Platform, you must act in a respectful manner and be civil.
More of this is available in the Vanillo Guidelines.
By using the Vanillo Platform, you will not;

6. Rights Granted by You

You own the audiovisual content (“videos”) that you upload to the Vanillo Platform. By uploading a video, you give Vanillo a limited, non-exclusive, royalty-free, worldwide license and right to transmit, distribute, publicly perform, and display your video. You grant all users of the Vanillo Platform permission to view your videos for their personal purposes.

7. Copyright

Vanillo believes that everyone owns the right to their own content and respects the intellectual property rights of other people. If you believe that your copyright has been infringed, please send us a message at [email protected] or through our DMCA claim form.

8. Termination

Vanillo may terminate your account immediately, without prior notice, for any reason whatsoever, including without limitation if you breach the Agreement. Upon termination, you will use your right to continue using the Vanillo Platform. If you wish to terminate your account, you may cease to use the Vanillo Platform.

9. Limitation of Liability

Vanillo shall not be held liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

10. Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the Vanillo Platform are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Vanillo is not the primary producer of the visual content contained in the Vanillo Platform.

11. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitutes the entire agreement between us regarding the Vanillo Platform and supersede and replace any prior agreements we might have between us regarding the Vanillo Platform.

Vanillo reserves the right to modify or replace this Agreement at any time. If a revision is published, we will provide a 30-day notice prior to the revision of the Agreement taking effect. By continuing to use the Vanillo Platform after the revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised Agreement, please discontinue using the Vanillo Platform.