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1. VISITOR'S AGREEMENT AND
RULES OF CONDUCT FOR the VNCentral Websites
Use and participation in VNCentral' Websites is contingent upon your
acceptance of the following terms and rules. By using our Web sites, you
accept these terms. In addition, your continued use of our Web sites after
a change has been made to the policies of our Web sites implies your
assent to those changes.
Links to Other Sites
VNCentral chooses its links to other Websites carefully. However,
VNCentral is not responsible for the content or privacy practices of Web
sites operated by third parties that are linked to or from VNCentral Web
sites. These links are meant for the visitor's convenience only. Links to
third party Web sites do not constitute sponsorship, endorsement, or
approval by VNCentral of any content, policies or practices of such
sites. Once you have left VNCentral' Web site via such a link, you should
check the applicable terms of use and privacy policy of the third party
site. VNCentral' Web site may also be linked to or from Web sites
operated by companies affiliated with VNCentral. Visitors to those sites
should refer to their separate terms of use, privacy policies and
practices.
2. RULES OF CONDUCT
VNCentral is not responsible for any material posted on our message
boards, reviews, hosting sites or other forums.
a. You shall not post or transmit through VNCentral' Web sites any
defamatory, threatening, obscene, harmful, pornographic or other material
which would violate or infringe in any way upon the rights of others, or
which would give rise to criminal or civil liability and/or violate
federal or local law or regulation. VNCentral will fully cooperate with
any law enforcement authorities or court order requesting or directing
VNCentral to disclose the identity of anyone posting any such emails or
materials. Further, you shall not post or transmit through VNCentral any
material which advertises or otherwise solicits funds or is a solicitation
for goods or services.
b. You shall not upload, post, or otherwise make available on
VNCentral Web sites any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of
such copyright, trademark or other proprietary interest.
c. You shall not upload, post or transmit through VNCentral' Web sites
any advertisements, chain letters, pyramid schemes, or spamming of the
same message to multiple boards.
d. By posting messages, uploading files, inputting data, or engaging in
any other form of communication through VNCentral' Web sites, you hereby
waive any and all rights to any stories, ideas, drawings, opinions, and
other creative "materials" posted to VNCentral' web sites. You authorize
VNCentral to utilize, royalty-free, in any manner it sees fit and for
eternity, the materials posted on the site, which shall become the
property of VNCentral and shall include the right to exploit any
proprietary rights in such communication, including, but not limited to,
rights under copyright, trademark, service mark, or patent laws under any
relevant jurisdiction. You release VNCentral from any and all claims or
liability (now known or hereafter arising) in connection therewith, and
you agree to indemnify VNCentral in connection therewith pursuant to the
terms of Paragraph 3 below. You agree and acknowledge that your
participation in VNCentral' Web sites shall not give rise to any
confidential, fiduciary, implied-in-fact, implied-in-law, contractual or
other special relationship between you and VNCentral (other than the
contractual relationship entered into between you and VNCentral by virtue
of your agreement to the Terms and Conditions of Use).
3. VISITOR'S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to VNCentral Web site,
you agree that in no event will VNCentral, its affiliated or related
entities, its content providers or any other party involved in creating,
producing or delivering this Web site or any site linked to this Web site,
be responsible or liable to you or entity in any manner whatsoever
(including, but not limited to, persons who may use or rely on such data
or materials or to whom such data and materials are furnished) for any
loss, damage (whether actual, consequential or punitive), injury, claim,
liability, or other cause of any kind or character whatsoever based upon
or resulting from any information provided in VNCentral' web site, or
arising from any decision made or action or non-action taken by you or any
other person in reliance upon the information provided through VNCentral
Web sites, even if you advise VNCentral of the possibility of any claims
or damages.
b. You, as a visitor and/or user of VNCentral' Web site, agree to
defend, indemnify, and hold harmless VNCentral, its parents,
subsidiaries, and affiliated companies and their respective directors,
officers, employees, and agents from and against all claims, losses,
costs, and expenses (including attorneys' fees) arising out of your use of
the VNCentral Web site, or arising out of any violation of laws or these
Rules of Conduct committed by you, including, without limitation, any
communication by you which is claimed to be defamatory, obscene or
otherwise unlawful, or which is claimed to violate the copyright,
trademark, proprietary or other rights of third parties, or which
constitutes a submission of materials.
4. TERMINATION
VNCentral shall have the right to immediately terminate your use of
the VNCentral Web site if VNCentral determines, in its sole discretion,
that you have violated the Rules of Conduct set forth above in Paragraph 2
or otherwise breached this agreement, or have engaged in conduct which
VNCentral determines, in its sole discretion, to be unacceptable. While
VNCentral recognizes that its message boards and review system may be
regarded as a public forum, it is not applicable under the First Amendment
as a venue of free speech. VNCentral reserves the right to remove any
postings to our message boards at our sole discretion.
5. DISCLAIMER
VNCentral has made and will continue to make efforts to include
accurate and current information on this Web site. However, the materials
in VNCentral' Web site are provided "as is" and to the fullest extent
permissible pursuant to applicable law, VNCentral disclaims all
warranties, express or implied, including, without limitation, implied
warranties of merchantability and fitness for a particular purpose.
VNCentral does not assume any responsibility or risk for your use of the
Web site. VNCentral does not warrant that the functions contained in the
materials will be uninterrupted or error-free, that defects will be
corrected, or that VNCentral' Web sites or server that makes such sites
available are free of viruses or other harmful components. VNCentral does
not warrant or make any representations regarding the use or the results
of the use of any of the materials on VNCentral' Web site in terms of
their correctness, accuracy, reliability, completeness, timeliness, or
otherwise. None of the information contained in this Web site shall be
construed as an indication of VNCentral' views, opinions or
recommendation, or endorsement thereof. Except as specifically stated
otherwise, VNCentral does not endorse, operate, control or assume
responsibility for any product, brand, method, treatment, information or
services on the Web site, in any way.
You assume the sole cost of all necessary servicing, repair, or
correction. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
6. MISCELLANEOUS
This agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof and supersedes all prior or
contemporaneous written or oral agreements between the parties with
respect to the subject matter hereof. This agreement shall be construed in
accordance with the laws of the State of California, and the parties
consent to the jurisdiction of the courts in the Southern California, County of
Orange County, without regard to its conflict of
laws.
If any term or provision of this agreement is held to be invalid,
illegal or unenforceable, the remaining portions of this agreement shall
continue to be valid and will be performed, construed, and enforced to the
fullest extent permitted by law, and the invalid, illegal or unenforceable
term or provision will be amended and limited in accordance with the
intent of the parties, as determined from the face of this agreement, to
the extent necessary to permit the maximum enforceability and/or
validation of such term or provision.
VNCentral is governed by a Privacy Policy.
COPYRIGHTS © / TRADEMARKS (TM)
© VNCentral, Inc., All trademarks are owned by VNCentral,
Inc. or are used under license. All rights reserved. The images and
materials found in the Web site are copyrighted or otherwise proprietary
and may be downloaded and/or reprinted for personal use only. Permission
to reprint or electronically reproduce any document, stills, audio, video
footage or any other materials in whole or in part for any reason is
expressly prohibited, unless prior written consent is obtained from the
respective copyright holder(s).
*****The above information will be
change without any further notice.
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