Terms of Use

Started by Legend, May 09, 2014, 05:59 AM

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Legend

Terms of Use

Please Read These Terms Carefully Before Using This Site
Your use of VizionEck.com or any of the products or services offered on that site or its affiliates is subject to these terms. We may modify these terms at any time without notice to you by posting revised terms on our site. Your use of our sites constitutes your binding acceptance of these terms, including any modifications that we make.

Some of the sites may be subject to additional posted conditions. Your use of those sites is subject to those conditions, which are incorporated into these terms by reference. In the event of an inconsistency between these terms and any additional posted conditions, the provisions of the additional conditions shall prevail.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
A.   Restrict, suspend, or terminate your access to all or any part of our sites;
B.   Change, suspend, or discontinue all or any part of our Sites;
C.   Refuse, move, or remove any material that you submit to our sites for any reason;
D.   Refuse, move, or remove any content that is posted by you or is otherwise available on our sites;
E.   Deactivate or delete your accounts and all related information and files in your account;
F.   Establish general practices and limits concerning use of our sites;
G.   Pass your registered details to any legal authority or third party if ordered to do so by any competent legal authority.
You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our sites may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the sites. You will not be able to opt out of receiving these messages. You also understand that our sites may include advertisements.

MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular site, or any product or service offered through the sites requires you to open an account, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form.  The Member is entirely responsible for maintaining the confidentiality of their password and account and are entirely responsible for any and all activities that occur under your account. You agree to notify VizionEck LLC immediately of any unauthorized use of your account or any other breach of security. VizionEck LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by VizionEck LLC or another party due to someone else using your account or password.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may not advertise any goods or services on the sites.  You may not use any of the sites to collect information about VizionEck LLC Members, including, but not limited to, login names and passwords, and the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the sites, or any games or services offered on the sites for any commercial purposes. Any violation of these provisions can subject your Member account to immediate termination (or result in revocation of Guest status) and further legal action, at VizionEck LLC's discretion.
The communication features provided by VizionEck LLC, including, but not limited to forums, chat rooms and bulletin boards, are free services provided to Members. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the sites, you agree to be bound by the following terms and conditions.
A.   All communications are the sole responsibility of those persons posting or transmitting the communication. VizionEck LLC has no obligation to monitor or supervise communications, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion.
B.   VizionEck LLC does not control the content of any communications and does not guarantee the accuracy, integrity or quality of anything within them.
C.   The member or user acknowledges that by using the communication features provided on the site, you may be exposed to communications and other content that is offensive, indecent or objectionable.
D.   Under no circumstances will VizionEck LLC be liable for any errors or omissions in any communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication features provided on the site.
E.   If VizionEck LLC receives notification of a member or user regarding communications which allegedly do not conform to this agreement, VizionEck LLC may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the communication.
F.   VizionEck LLC reserves the right to expel members and users and prevent their further access to the sites for violating this agreement or violating the law. VizionEck LLC also reserves the right to remove communications which are abusive, illegal, disrespectful, or disruptive.
G.   VizionEck LLC reserves the right to release information to the appropriate authorities, as a result of a violation of our standards, or any other unlawful act, if the information is subpoenaed, and/or if VizionEck LLC deems it necessary and/or appropriate.
H.   VizionEck LLC retains the right to terminate the membership of any member or guest at any time for any reason.


INDEMNIFICATION
You agree that you will be personally responsible for your use of the sites and for all of your Communications and activities on the sites, including any content you contribute, and that you will indemnify, defend and hold harmless VizionEck LLC, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by VizionEck LLC in connection with your use or alleged use of the sites, including your conduct, and any Communications and/or content that you contribute to the sites, and any breach of the Terms of Use or License Agreement (as defined herein). VizionEck LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with VizionEck LLC's defense of such claim.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES
All content and software ("Software") (if any) that is made available to view, play and/or download in connection with the sites, excluding content and/or software that may be made available by Members or users through a communication feature, is owned by and is the copyrighted work of VizionEck LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. You acknowledge and agree that you do not acquire any rights of ownership regarding the sites, and/or any element of the Software including without limitation the universe, characters, plot and names which may be created by you while playing the Software.
For any Software not accompanied by a License Agreement, VizionEck LLC hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content or software to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the sites may include inaccuracies or typographical errors. Changes are periodically made to the sites and to the information therein. VizionEck LLC and its respective suppliers may make improvements and/or changes in the sites at any time.
VizionEck LLC and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services communications, content and related graphics contained within the sites for any purpose. All such information, software, products, services, communications, content and related graphics are provided "as is" without warranty of any kind. VizionEck LLC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, communications, content and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that VizionEck LLC shall not be responsible for unauthorized access to or alteration of your transmissions communications or data, any material or data sent or received or not sent or received, or any transactions entered into through any of the sites. You specifically agree that VizionEck LLC is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that VizionEck LLC is not responsible for any content sent using and/or included in a site by any third party.
In no event shall VizionEck LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites, with the delay or inability to use the sites or related services, the provision of or failure to provide services, or for any information, software, products, services communications, content and related graphics obtained through the sites, or otherwise arising out of the use of the sites, whether based on contract, tort, negligence, strict liability or otherwise, even if VizionEck LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the sites.
VizionEck LLC does not warrant that you will be free from the behavior of others you may deem insulting, demeaning, offensive, threatening, obscene, libelous, derogatory or harassing while on the sites or playing the software. In the event that VizionEck LLC chooses not to take any action, takes an action with which you do not agree or is unable to take any action for any reason whatsoever, in no event shall VizionEck LLC, their parent, affiliates or suppliers be liable to you or to any third party for any incidental or consequential damages (however arising, including negligence) and/or emotional distress and/or other damages, arising out of or in connection with your account, the software or your time spent playing the software. Except as prohibited by law, our liability to you or any third parties is limited to the lesser of (i) the amount paid by you to use the site, or (ii) $100.

INTELLECTUAL PROPERTY
The sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the sites and each area contained therein are copyrighted as a collective work under the United States copyright laws. VizionEck LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the sites (including, without limitation, content that VizionEck LLC enables you to download) without the express written permission of VizionEck LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the sites is allowed by you only for your own use. You acknowledge that the VizionEck LLC and/or third-party content providers remain the owners of all materials posted on the sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

SUBMISSIONS
VizionEck LLC is pleased to hear from their customers and welcomes their comments regarding VizionEck LLC's services and the sites. Unfortunately, however, company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by VizionEck LLC's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of VizionEck LLC. None of the Submissions shall be subject to any obligation of confidence on the part of VizionEck LLC, and VizionEck LLC shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, VizionEck LLC shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
Disclaimers and Law
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

We exclude to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of our sites or reliance on or other use of its content.

You agree that use of our sites and that any disputes arising out of such use is subject to the state of Colorado jurisdiction.

Last Updated May 9, 2014.