Terms of Use


1. Your Acceptance


Welcome to Vator! Vator provides you access to the vator.tv and vator.co websites ("Website") and the information and other materials available on and through the Website, subject to your agreement and compliance with the terms and conditions set forth below ("Terms of Use").


By visiting, browsing or using the Website or accessing any of the services available on the Website ("Services"), in any manner, and whether at the vator.tv or vator.co websites or through a third party website or other interface, you certify that you expressly agree to be bound by these Terms of Use and all applicable laws, without limitation or qualification. If you do not agree to these Terms of Use, please DO NOT VISIT OR USE THE WEBSITE. Your continued use of the Website evidences your agreement to be bound by each of these Terms of Use and the terms and conditions of our Privacy Policy available at Privacy Policy, and constitutes a legally binding contract between you and Vator. Vator respects the privacy concerns of our website users and future viewers. For information concerning the collection and use of information by Vator, please refer to our Privacy Policy which is incorporated herein by reference. By creating a user account on the Website, you further accept to receive our weekly newsletter providing you with a summary of the major emerging technology news. You can unregister from this newsletter from your account settings page or using the unregister link provided in the newsletter.


2. The Website


These Terms of Use apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Vator. Vator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Vator will not and cannot censor or edit the content of any third-party websites. By using the Website, you expressly relieve Vator from any and all liability arising from your use of any third-party websites. Accordingly, we encourage you to be aware of when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.


3. Website Use


3.1. Vator hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not copy or distribute any part of the Website in any medium without Vator’s prior express written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will comply with the these Terms of Use.

3.2. In order to access some features of the Website, you will have to create a user account (an "Account"). You may never use another person’s Account without permission. When creating your Account, you must (i) provide accurate and complete information as prompted by the Website’s user account registration form (such information being your "Registration Data") and (ii) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data or any other information to Vator that is untrue, inaccurate, not current or incomplete, or Vator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vator has the right to suspend or terminate your Account and refuse any and all current or future use of or access to the Website (or any portion thereof). You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Vator immediately of any breach of security or unauthorized use of your Account. Although Vator will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Vator or others due to such unauthorized use.

3.3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Vator servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vator grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vator reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including user account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.


4. User Account Types


You may create one of three types of user Accounts on the Website: an "Observer" Account, an "Entrepreneur" Account and an "Investor" Account. If you have an Investor Account, you may upgrade your Investor Account to an "Accredited Investor" Account if (i) you submit through the Website a questionnaire designed to enable Vator to form a reasonable basis for believing that you are an "accredited investor" as defined in Rule 501 of Regulation D of the United States Securities Act of 1933, and (ii) Vator determines there is a reasonable basis for believing you are an accredited investor, which determination will be made in Vator’s sole and absolute discretion on the basis of your response to the questionnaire as well as any other information known or available to Vator.


A certain portion of the Website and related functions and content (the "Funding Portal") is designed to assist Accredited Investors in identifying Entrepreneurs and their companies that are seeking to raise capital, and to facilitate the raising of such capital. Your Account type generally determines the portions of the Website and type of content on the Website to which you will have access, and the functions of the Website you will be able to use. Observers, Investors and Entrepreneurs will generally have access to all portions, content and functions of the Website other than (i) the Funding Portal and (ii) User Submissions which the submitting user has only shared with certain users. Accredited Investors will have general access to the Funding Portal. Entrepreneurs will have access to the Funding Portal which is limited to posting private company content, monitoring Accredited Investor interest in the Entrepreneur and its company and communicating with Vator about potential formation of and investment by a private investment fund.


5. User Qualifications


The Funding Portal and its Services are available only to (i) those Investors who are "accredited investors" as defined as defined in Rule 501 of Regulation D of the United States Securities Act of 1933 and who are at least 18 years old, and (ii) Entrepreneurs for the limited purposes of posting private company content, monitoring Accredited Investor interest in the Entrepreneur and its company and communicating with Vator about potential Investment Fund formation and investment.


You represent that if you are an individual, you are of legal age to form a binding contract, and that all Registration Data you submit to Vator or the Website is accurate and truthful. Vator may, in its sole discretion, refuse to offer access to the Funding Portal or any other portion, content or function of the Website or Services to any person or entity and change it eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Funding Portal or the Website or Services is revoked in such jurisdictions. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept and agree to these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify Vator for violations of these Terms of Use.


6. Securities Products


Entrepreneur and Investment Fund listings on the Funding Portal are only suitable for accredited investors who are familiar with and willing to accept the high risk associated with private investments. Securities sold through private placements are not publicly traded and, therefore, are less liquid. Additionally, Accredited Investors participating in Investment Funds may receive restricted securities that may be subject to holding period requirements. Investment Fund offerings on the Funding Portal will target companies seeking private placement investments, which tend to be in earlier stages of development and have not yet been fully tested in the public marketplace. Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments. Accredited Investors participating in Investment Funds must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high net worth individuals and entities. As with all alternative investments, investors must meet certain eligibility tests to qualify as purchasers. Currently, entities must have assets of at least $5 million (or all individual owners meet accredited investor tests). Individuals must have a net worth of more than $1 million excluding primary residence or gross income for each of the last two years of at least $200,000 ($300,000 with spouse) with the expectation of the same income in the current year.


The value of investments in Investment Funds on the Funding Portal and the income from them can fall as well as rise. Past performance is not a guarantee of future performance. The contents of the Website or the Funding Portal do not constitute financial, legal, or tax advice by Vator. Investors are solely responsible for conducting any legal, accounting or due diligence review of any Investment Fund in which they participate and the underlying company. You should obtain investment and tax advice from your advisers before deciding to invest. Investment products are not FDIC insured, may lose value, and there is no bank guarantee.


None of the content contained in the publicly available portions of the Website constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service by Vator. The information prepared by Vator in the Website and Funding Portal has been prepared without reference to any particular Website user’s investment requirements or financial situation. The information provided by Vator on the Website and the Services are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Vator is not authorized to provide such information or services. Some products and services described on the Website may not be available in all jurisdictions or to all users.


7. Rights to Content


All text, graphics, multimedia content or other material that you see or read on the Website and all related code (except all User Submissions (as defined below)) (the "Materials") are owned or being used with permission by Vator and may not be used except as provided in these Terms of Use. You may download one copy of the Materials on any single computer for your personal, noncommercial use, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vator reserves all rights not expressly granted in and to the Website and its content. You agree to not engage in the use, copying, or distribution of any of the Website’s content – including any use, copying, or distribution of User Submissions of third parties obtained through the Website – for any commercial purposes other than expressly permitted by these Terms of Use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.


8. Copyright and Trademarks


The content of the Website includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual recordings, graphics, music and sound. The entire contents of the Website are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Vator owns a copyright in the selection, coordination, arrangement and enhancement of all Materials, as well as in the content original to the Website. Third-party content providers own the copyright in content that is original to them. "Vator.tv," the "Vator.tv" logo, "Vator.co", the "Vator.co" logo, as well as other marks that may appear on the Website ("Marks"), are the service and trademarks of Vator. All other trademarks, service marks and logos used on the Website, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Vator’s written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Website are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Vator.


9. Links and Other Sites


The Website contains links to pages on other sites, and those sites may offer products, services or other resources. Because Vator has no control over such sites and resources, you acknowledge and agree that Vator has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Vator of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Vator does not author, edit or monitor these pages or links. You further acknowledge and agree that Vator is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.


Vator hereby grants you a non-exclusive, limited license, revocable at Vator’s discretion, for you to link to the Website’s home page from any site you own or control that is not commercially competitive to Vator and does not criticize or otherwise injure Vator, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Vator. All of Vator’s rights and remedies are expressly reserved.


10. Infringement Complaints - Digital Millennium Copyright Act Notice


Vator respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Vator directly makes available on the Website and we ask our users to do the same. Vator may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users that Vator suspects to be infringers. If you believe any material on the Website, either posted by Vator, our users or any other party, is infringing, please contact Vator at the address below. Pursuant to the Digital Millennium Copyright Act, Vator has a designated agent to receive copyright infringement claims (see 17 U.S.C 512(c)(3) for further detail). You may notify Vator of alleged intellectual property rights infringement by contacting our designated DMCA Agent at:


c/o Bambi Francisco
Vator, Inc.
875–A Box 317 Island Drive
Alameda, CA 94502
E-mail: [email protected]


DO NOT SEND ANY INQUIRIES UNRELATED TO POTENTIAL INFRINGEMENT OF RIGHTS OR OTHER LEGAL MATTERS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT. All other correspondence should be sent to [email protected].


If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:

  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.

11. User conduct and submissions

11.1. The Website may now or in the future permit the submission of videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Vator does not accept responsibility for protecting the confidentiality or for misuse or disclosure of any confidential or proprietary information you submit on Vator.

11.2. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials submitted by Website users ("User Submissions") are the sole responsibility of the person from which such content originated. You are entirely responsible for all User Submissions that are uploaded, posted, transmitted or otherwise made available via the Website by you or through your Account. You understand that User Submissions may in some cases be viewed through third party websites or interfaces (for example, the websites or interfaces of third parties to which Vator sublicenses User Submissions) and that Vator does not control such third party websites and interfaces. You represent and warrant that you own or have the necessary rights in and to any and all User Submissions (including written consent for each individual person identifiable in such User Submissions to use the name or likeness of each such person in the manner contemplated by the Services) uploaded, posted, transmitted or otherwise made available via the Website by you or through your Account. Vator does not control the User Submissions posted via the Website and does not guarantee the accuracy, integrity or quality of any such User Submissions. Vator will use commercially reasonable efforts to block or remove offensive or inappropriate User Submissions discovered by or reported to Vator. However, Vator cannot and will not review all User Submissions or the content thereof, and you understand that by using the Website, you may be exposed to User Submissions that you find to be offensive. Under no circumstances will Vator be liable to you or to any third party in any way for any User Submissions, including, but not limited to, for any errors or omissions in any User Submissions, for any violations of securities laws, regulations or rules arising out of User Submissions, or for any loss or damage of any kind incurred as a result of any access to or use of any User Submissions posted, transmitted or otherwise made available via the Website. You acknowledge that Vator is under no obligation to pre-screen or otherwise review any User Submissions, but also that Vator and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any User Submissions submitted, posted or otherwise available via the Website. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, and you shall not rely on the accuracy, completeness, usefulness or nature of such User Submissions. You acknowledge and agree that Vator may preserve User Submissions and may also disclose User Submissions to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Submission violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Vator, its users and the public. You understand that the technical processing and transmission of the Website, including User Submissions, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Furthermore, Vator is free to use any ideas, concepts, know-how or techniques contained in any communication or User Submissions you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this submission policy must be in writing and signed by an authorized Vator signatory. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion. Vator has no obligations to post or otherwise make use of any User Submissions.

11.3. In connection with User Submissions, you further agree that you will not post, upload or transmit to the Website, or to the Vator.tv or Vator.co servers, any communications, text, graphics or other information or content that: (i) is unlawful, obscene, fraudulent, indecent or that defames, abuses, harasses, or threatens others, or is hateful, or racially, ethnically or otherwise objectionable; (ii) contains any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (iii) advocates or encourages any illegal activity; (iv) infringes on the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party; (v) violates the privacy of individuals, including other users of the Website; or (vi) violates any applicable local, state, national or international law. You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Website and then only for the purposes consistent with the limited license hereunder and these Terms of Use. You agree: not to, and not to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Website; not to data mine the Website; and not to in any way cause harm to or burden the Website. You agree that you will not post on or transmit through the Website any advertising or commercial solicitation other than presenting your company through the video pitch without Vator’s express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Vator with respect thereto. You further agree not to use the Website, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose other than presenting your company through the video pitch.


Vator does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Vator expressly disclaims any and all liability in connection with User Submissions. Vator does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Vator will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. Vator reserves the right to remove content and User Submissions without prior notice. Vator will also terminate a user’s Account or other access to its Website, if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Vator also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Vator may remove such User Submissions and/or terminate a user’s Account or other access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

11.4. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Vator is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vator with respect thereto, and agree to indemnify and hold Vator, its owners, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

11.5. Vator provides an "Embeddable Player" feature on the Website, which you may incorporate into your own websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Vator Website on the pages containing the Embeddable Player. Vator reserves the right to discontinue any aspect of the Vator Website at any time.


12. License to Content


Vator does not claim ownership of User Submissions posted, transmitted or otherwise made available by you via the Website. By submitting User Submissions to the Website, you hereby irrevocably grant Vator a worldwide, exclusive, royalty-free, fully paid, restriction free license from the date you provide us with your User Submission to distribute, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly perform, publicly display, broadcast, exhibit, sublicense, freely assign, create derivative works from and otherwise use and exploit any of same, or any part thereof, in any medium now known or hereinafter known, in any language and by any means or manners now or hereafter developed. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display or perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. You acknowledge that you will not exploit or authorize anyone else to exploit the User Submissions in any commercial medium without Vator’s prior written consent..


13. Advertisements and communications


Vator and third parties to which Vator sublicenses User Submissions may include advertisements in conjunction with or associated with such User Submissions. You understand and agree that the substance, placement and timing of such advertisements shall be determined by Vator or its sublicensees in their sole discretion. You agree that you shall not alter or remove any such advertisements. If you find a particular advertisement offensive, you may contact Vator at [email protected] and provide your comments or ask to have the advertisement removed. Your correspondence or business deals with, or participation in promotions of, advertisers or other third parties found on or through the Website including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. You agree that Vator shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any of the foregoing.


14. Disclaimer of Warranties


Your use of the Website (including but not limited to your use of the Funding Portal) and your use or reliance upon any materials or content on the Website or Funding Portal is solely at your own risk. In no event will Vator be liable to you or anyone else for any decision made or action taken by you in reliance upon such materials. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR FUNDING PORTAL AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND FUNDING PORTAL AND ANY RELATED MATERIALS. VATOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER AS TO ACCURACY, ADEQUACY, RELIABILITY, CORRECTNESS, COMPLETENESS OR SUITABILITY OF ANY OF THE MATERIALS OR INFORMATION AVAILABLE ON THE WEBSITE OR THE MATERIALS ON ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. VATOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VATOR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VATOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF YOU FIND ANY MATERIAL ON THE WEBSITE OBJECTIONABLE, DO NOT USE THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


15. Investment Matters


Vator is not responsible for verifying that that any user is an "accredited investor" (as defined in Rule 501 of Regulation D promulgated under the United States Securities Act of 1933) or otherwise authorized or appropriate to invest in you or your company, or for determining whether any use of the Website constitutes a general solicitation or general advertisement of securities under US law or the laws of any state or other jurisdiction, including foreign jurisdictions.


We do not recommend to you or any user of the Website any companies for investment or endorse their fitness for investment or verify their User Submissions, and we do not claim any of that information is accurate.


16. Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL VATOR, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE USE OR THE INABILITY TO USE THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE, INFORMATION CONTAINED WITHIN THE WEBSITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITHOUT THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.


17. Indemnity


You irrevocably agree to defend, indemnify and hold harmless Vator and the Released Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including but not limited to the Funding Portal; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.


18. Equipment


You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Website and you shall be responsible for all charges related thereto.


19. Ability to Accept Terms of Use


You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Website--there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. If you are providing access to the Website to any person who is under 13 years of age, you affirm that you are such person’s parent or legal guardian and you consent to the use of the Website by such person only under your direct supervision and subject to any reasonable verification required by Vator.


20. Our Commitment To Childrens’ Privacy and Our Compliance with the Children’s Online Privacy Protection Act


In compliance with the Children’s Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any personally identifiable information ("PII") from children under 13 years of age, unless we believe such collection to be permitted by law. The Website targets an audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at [email protected]. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child’s PII, as well as refuse to permit the further collection or use of such PII.


21. Assignment


These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vator without restriction.


22. Distribution Limitations and Territorial Restrictions


The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Vator to any registration requirement within such jurisdiction or country. The Website is controlled and operated by Vator from its offices within the State of California, U.S.A. and Vator makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Website shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by Vator.


Software related to or made available by the Website may be subject to United States export controls. Thus, no software from this Website may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.


23. Choice of Law and Forum Selection


These Terms of Use and the relationship between you and Vator shall be governed by, construed and enforced in accordance with the laws of the State of California and the USA, as it is applied to agreements entered into and to be performed entirely within California and without regard to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by Vator, you or any third party to enforce this agreement, or in connection with any matters related to the Website, shall be subject only to the jurisdiction of either the state or federal courts located in the county of Santa Clara, California. You and Vator agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the county of Santa Clara, California. You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to Vator or the Website will be resolved individually, without resort to any form of class action.


24. Severability


If any provision of these Terms of Use or the Privacy Policy are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties’ intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.


25. Waiver


Any delay or failure on the part of Vator to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.


26. Statute of Limitations


You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Website or these Terms of Use must be filed in a court of applicable jurisdiction within one (1) year after such claim or cause of action arose or be forever barred.


27. Entire Agreement; Modification and Termination


These Terms of Use, together with the Privacy Policy and any other legal notices published by Vator on the Website, shall constitute the entire agreement between you and Vator concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Vator reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Website and any functionality or features in or on the Website, including the cessation of all activities associated with the Website or the Funding Portal, with or without notice. You agree that Vator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.


Vator may, in its sole discretion, terminate your use of the Website for any reason, including, without limitation, if Vator believes that you: (1) have breached these Terms of Use or otherwise acted inappropriately; (2) infringed the intellectual property right of a third party; (3) provided any information that Vator is unable to verify or authenticate; (4) uploaded or transmitted unauthorized User Submissions to the Website; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use, as determined by Vator in its sole discretion. You agree that any termination of your access to the Website may be effected without prior notice to you.


Vator reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on the Website by Vator. Any change or modification to these Terms of Use made by Vator will be effective immediately upon posting on the Website and your continued use of the Website means that you have agreed to accept any such changes or modifications. You should therefore periodically visit this page to review the most recent Terms of Use. You and Vator agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues and as required under section 23 (Statute of Limitations) above. Otherwise, such cause of action is permanently barred.

Last revised: September 24, 2013 (version 4)