Terms & Conditions

The internet websites ("Website"), mobile applications and services are operated/provided by Benefactory Ventures Inc. Benefactory Ventures Inc is the owner and operator of the www.volvmedia.com website and the Volv Media mobile application (the "App"), email notifications or any related applications provided by us (collectively, the "Services"), and all content and features contained in the foregoing. These Terms of Use govern your access and use of the Services provided by Benefactory Ventures Inc., and any all of its subsidiaries, affiliates, brands and entities that it controls, including Benefactory, Act Now, Volv Media (collectively “Volv”, "we," "us," or "our").

ACCEPTANCE

By accessing or utilizing the App, purchasing the subscription, accessing the Website, or utilizing any of the services and/or registering with us, you signify that you have read, understood and agree to be bound by these terms of service including our Privacy Policy, which is incorporated herein by reference. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE ANY OF THE SERVICES.

Modifications

We may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your use of our Website after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

If you breach, violate, fail to follow, or act inconsistently with any part of the Agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service or any other product(s) or service(s) we provide. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the User Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

ELIGIBILITY

You hereby represent and warrant that you are above the age of consent under the applicable law in the country in which you reside. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this User Agreement in your name and on your behalf.

We will not knowingly collect information of anyone under the age of 13. If you become aware of anyone under the age of 13 using our services, please report this to: connect@volvmedia.com.

You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you.

REGISTRATION

You are not required to sign up for an account to view or explore our Website. However, certain services such as the App require the user to register by providing your email address or by logging in to your Google or Facebook account.

If you choose to register with us, you agree to: (i) provide true, current, accurate and complete information and keep your Account information updated (ii) update such information to keep it true, accurate and complete at all times. If you fail to do so, we have the right to terminate your access to and use of your account and the Services.

You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization.

By accessing our services through Gmail or Facebook, you permit us to access certain information from your Google account or Facebook profile respectively for use by the Services. You may control/limit the amount of information that is accessible to us by changing your privacy settings on these platforms. By using the Services, you authorize us to collect, store, retain in accordance with our Privacy Policy, any or all information that you permitted Facebook or Google to provide to us.

You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password.

CONTENT

The term "Content" includes, without limitation, information, data, text, photographs, graphics, videos, audio clips, written posts, articles, comments, software, scripts, and interactive features generated, provided, or otherwise made accessible on or through the Services.

Submission

You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments on social media, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by Volv and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.

You grant Volv a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for Volv, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by Volv, including any Submission posted on or to the Services through a third party. By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.

COPYRIGHT INFRINGEMENT & TRADEMARK RIGHTS

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the App, or Website (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Website are the property of Volv and are protected under applicable laws in the United States. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Volv; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the App / Website / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

We comply with the Digital Millennium Copyright Act ("DMCA").

It is our policy to

  1. (a) block access to or remove the content that we believe, in good faith, to be infringing on any copyrighted material
  2. (b) terminate access to all or any part of the Services at any time, with or without cause, with or without notice to repeat offenders.

If you believe that your content has been copied in a way that is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement to connect@volvmedia.com. We will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include Volv removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to us regarding matters other than informing us that a party's copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your written notice must include:

  1. (a) contain your physical or electronic signature;
  2. (b) identify the copyrighted work alleged to have been infringed;
  3. (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  4. (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  5. (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law;
  6. (f) contain a statement that the information in the written notice is accurate;
    7. (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.

If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at connect@volvmedia.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

You can also reach us by mail: 2035 Sunset Lake Road, Suite B2 Newark, DE 19702

Third Party Affiliates

We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

Third Party Links

Certain sections of the Website may provide links to web sites of third parties. Any information, products, software, or services provided on or through these third party web sites are controlled by the operators of such web sites and not by Volv or our affiliates. When you access these third party sites, you do so at your own risk. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party.

Restrictions on Linking and Framing

You may insert a hyperlink to the Website or App, provided that the link does not state or imply any sponsorship of your Website by Volv. You may not frame or inline link to any of the content of the Website or App, or include any of our material or intellectual property onto any other website or digital platform without our written permission.

DONATIONS THROUGH ACT NOW

On some articles, such as those about a crisis, example – Hurricane Dorian, you as an App user may have the option to donate to registered nonprofit by clicking on the “Act Now” button. In order for you to donate, you must read and accept Benefactory’s Act Now Terms & Conditions https://www.benefactory.live/terms-conditions and Privacy Policy https://www.benefactory.live/privacy-policy. You, as a user and donor, acknowledge that by contributing a Donation, you are agreeing to any and all applicable terms set forth by our payment processing partner, Stripe Inc - https://stripe.com/us/legal . If you have any questions regarding their terms and privacy policy you can contact Stripe Inc at info@stripe.com.

FEES & PAYMENT

Fees

Volv reserves the right to change its fees from time to time at its sole discretion. It also reserves the right to add or change its features and introduce new fees for these new features. We will provide you with written notice before making any changes.

Payment

You acknowledge and agree that the use of third party payment processors are integral to the Services and that we may exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy. Volv uses third party payment processing partners to bill you through your Payment Instrument for any Services purchased.

Auto-Renewing subscription

Your App subscription, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order unless and until you cancel your subscription or we terminate it. You can view the date of your next scheduled payment or cancel your subscription at any time by clicking on the “My Account” in the app. You will not receive a notice from us that your promotional period has ended or that your subscription has auto-renewed.

Recurring Billing

By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes, to your Payment Method.

Cancellation & Refunds

All purchases are final and all fees and taxes paid are non-refundable.

RULES OF CONDUCT

We grant you permission to only access and make personal use of the Website, App, it’s Services (and derivative works thereof) and its Content in any media formats and through any media channels (including, without limitation, third party websites and feeds). You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on our Website / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Website / Service either directly or indirectly, except with our written consent. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or in violation of or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Volv server, or the network(s) connected to any Volv server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Volv forbids you from any attempts to resell or put to commercial use any part of the App, Website; any collection and use of any product listings, descriptions; any derivative use of the App or Website or its contents on other channels (including, without limitation, third party websites and feeds); displaying the name, logo, trademark or other identifier of another person (except for Volv or you).

You agree not to (directly or indirectly): (i) decode , disassemble, reverse engineer or attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

WARRANTIES

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK

INDEMNIFICATION

Each party (the “Indemnifying Party”) hereby agrees to indemnify, defend and hold harmless the other party, its shareholders, equity holders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by such other party (collectively the “Losses”), to the extent such Losses (or actions in respect thereof) arise out of or are based on: (a) the breach of any representation or warranty made by the Indemnifying Party herein, or any of Indemnifying Party’s obligations herein; or (b) any claim arising from the fraud, gross negligence or wilful misconduct of such Indemnifying Party. You further agree to indemnify, defend and hold Volv and its affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney's fees) resulting from your use, misuse or abuse of the Services or Website, including any content provided or otherwise authorized by you for use in connection with the Services.

LIMITED LIABILITY

NEITHER PARTY SHALL BE LIABLE HEREUNDER (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR ANY LOSS OF PROFIT, ANTICIPATED PROFITS, REVENUES, ANTICIPATED SAVINGS, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SUBJECT TO THE ABOVE, AND EXCEPT FOR LIABILITY ARISING FROM A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, THE MAXIMUM TOTAL, AGGREGATE LIABILITY OF EACH PARTY FOR ANY AND ALL CLAIMS AND ACTIONS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID VOLV IN THE LAST THREE (3) MONTHS, OR, IF GREATER, FIFTY DOLLARS $50.

ARBITRATION

Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in New York, New York, and administered by the American Arbitration Association (“AAA”) or similar arbitration body and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules or the arbitration rules of a similar arbitration body. The arbitration shall be governed by the Federal Arbitration Act, codified in chapter 1 of Title 9 of the United States Code, as amended, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Except as may be required by law or to the extent necessary in connection with judicial challenge, or enforcement of an award, neither a party nor the arbitrator may disclose the existence, content, record, or results of an arbitration.

Before commencing any action pertaining to a controversy or claim arising out of or relating to this User Agreement, the party wishing to commence the action shall provide reasonable notice to other party before commencing the action, in order to allow the parties an opportunity to resolve the dispute before resorting to legal action.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by Volv at its sole discretion.

ELECTRONIC NOTICES

You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via e-mail if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.

MISCELLANEOUS

By accepting this User Agreement, you hereby consent to us sending your organization emails from time to time relating to the Services. You may not assign this User Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this User Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this User Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this User Agreement. This User Agreement (including the Privacy Policy) constitutes the entire agreement between you and us regarding the Services and supersedes all prior agreements and discussions.

SEVERABILITY

If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

If you required any information regarding our Terms, you may contact as at connect@volvmedia.com or by regular mail at the following address:

2035 Sunset Lake Road, Suite B-2, Newark, DE 19702