Terms and Conditions
AGREEMENT BETWEEN USER AND VISIONING REALITIES, INC.
The network of Web Sites (collectively, the "VRI Web Sites") operated by
Visioning Realities, Inc. or its affiliates or subsidiaries ("VRI" or "VRI
Entertainment"), is comprised of various Web sites and Web pages. The VRI Web
Sites are offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the VRI Web
Sites constitutes your agreement to all such terms, conditions, and notices.
Your use of a particular VRI website included within the VRI Web Sites network
may also be subject to additional terms outlined elsewhere on that website (the
"Additional Terms"). Additionally, the VRI Web Sites may themselves contain
additional terms that govern particular features or offers (for example,
sweepstakes or chat areas). In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional Terms or other terms and
guidelines contained within any particular VRI website, then these terms shall
control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
MODIFICATION OF THESE TERMS OF USE.
VRI reserves the right to change the terms, conditions, and notices under which
the VRI Web Sites are offered, including but not limited to the charges associated
with the use of the VRI Web Sites. You are responsible for regularly reviewing
these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the VRI Web Sites are for your personal and
noncommercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the VRI
Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with VRI or to purchase VRI products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of VRI is strictly prohibited.
Harassment in any manner or form on the Site or any of the VRI Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a VRI employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and arrangements thereof
is copyrighted as a collective work under the United States and other copyright
laws, and is the property of VRI. The collective work includes works that are
licensed to VRI. Copyright 2007. ALL RIGHTS RESERVED. All trademarks, service
marks, and trade names (collectively the "Marks") are trademarks or registered
trademarks of and are proprietary to Visioning Realities, Inc. or other respective
owners that have granted VRI the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the website's designated agent.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE.
VRI respects the intellectual property of others, and we ask our users and visitors to do the same. VRI will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, VRI will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide VRI the following information. Please be advised that
to be effective, the Notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of
the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on
the Site;
4. your address, telephone number, and email address and all other information
reasonably sufficient to permit VRI to contact you;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Visioning Realities, Inc.
Legal Division
Copyright Agent
1300 Clay Street Suite 1010
Oakland, CA 94612
By fax: (510) 380-6531
By Email: info@vrientertainment.com
(Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING VISIONING REALITIES, INC. THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TYPOGRAPHICAL ERRORS.
In the event a VRI product or service is listed at an incorrect price due to
typographical error or error in pricing information received from our suppliers,
VRI shall have the right to refuse or cancel any orders placed for product or
service listed at the incorrect price. VRI shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and
your order is canceled, VRI shall issue a credit to your credit card account in
the amount of the incorrect price.
TERM; TERMINATION.
These terms and conditions are applicable to you upon your accessing the Site
and/or completing the registration or shopping process. These terms and
conditions, or any of them, may be modified or terminated by VRI without notice
at any time for any reason. The provisions relating to Copyrights and Trademarks,
Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws,
Arbitration and General, shall survive any termination.
USER PARTICIPATION.
VRI does not and cannot review all communications and materials posted to or
created by users accessing the Site and is not in any manner responsible for the
content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user generated content on the Site,
VRI is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or activities on
the Site. However, VRI reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) violates any law or
regulation or (e) offensive or otherwise unacceptable to VRI at its sole
discretion. Note that any personally identifiable information you may post or
transmit will be treated by Visioning Realities, Inc. in accordance with Visioning
Realities, Inc's Privacy Statement.
USER SUBMISSIONS.
Except for any personally identifiable information we may collect from you under
the guidelines established in our Privacy Statement, any material, information or
other communication you transmit, upload or post to this Site ("Communications")
will be considered non-confidential and non-proprietary. VRI will have no
obligations with respect to the Communications. VRI and its designees will be
free to copy, disclose, distribute, incorporate and otherwise use the
Communications and all data, images, sounds, text, and other things embodied
therein for any and all commercial or noncommercial purposes.
USER CHAT ROOMS.
VRI may, but is not obligated to, monitor or review any areas on the Site where
users transmit or post Communications or communicate solely with each other,
including but not limited to chat rooms, bulletin boards or other user forums, and
the content of any such Communications. VRI, however, will have no liability
related to the content of any such Communications, whether or not arising under
the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain
links to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However, even if the
third party is affiliated with VRI, VRI has no control over these linked sites,
all of which have separate privacy and data collection practices, independent of
VRI. VRI has no responsibility or liability for these independent policies or
actions and is not responsible for the privacy practices or the content of such
web sites. These linked sites are only for your convenience and therefore you
access them at your own risk. Links do not imply that VRI sponsors, endorses,
is affiliated with or associated with, or has been legally authorized to use any
trademark, trade name, service mark, design, logo, symbol or other copyrighted
materials displayed on or accessible through such External Sites. Nonetheless,
VRI seeks to protect the integrity of its Site and the links placed upon it and
therefore requests any feedback on not only its own Site, but for sites it links
to as well (including if a specific link does not work).You should contact the
Site administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
CLAIMS.
Each claim or statement about the effectiveness of VRI products and/or each claim
or statement comparing the effectiveness of VRI products to the effectiveness of
other products is expressly limited to the United States, unless otherwise
disclosed on the Site.
DISCLAIMER.
Visioning Realities, Inc makes no warranties or representations about the accuracy
or completeness of this Site's content or the content of any site or External
Sites.
Visioning Realities, Inc does not filter advertisements or other content that
children may view through our sites or "hot-linked" sites, and they could receive
content and materials from the Internet and/or advertising that are inappropriate
for children. We encourage parents and guardians to spend time online with their
children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VRI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. VRI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VRI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL VRI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF VRI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless VRI, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Provider") from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any activity
related to your Internet account (including negligent or wrongful conduct), by
you or any other person accessing the Site using your Internet account.
APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this Site (including but not limited to the purchase
of VRI products) shall be in the state or federal courts located in Alameda
County, California. Any cause of action or claim you may have with respect to
the Site (including but not limited to the purchase of VRI products) must be
commenced within one (1) year after the claim or cause of action arises. VRI's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to
modify any of these terms and conditions. VRI may assign its rights and duties
under this Agreement to any party at any time without notice to you.
VRI makes no representation that materials in the Site are appropriate or
available for use in other locations, and access to them from territories where
their content is illegal is prohibited. Those who choose to access this Site from
locations outside California do so on their own initiative and are responsible for
compliance with applicable local laws. You may not use or export the materials in
violation of U.S. export laws and regulations. Any claim relating to the materials
shall be governed by the internal substantive laws of the State of California.
ARBITRATION.
By using this Site, you agree that VRI, at its sole discretion, may require you
to submit any disputes arising from the use of this Site, or these Terms and
Conditions concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association,
by one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by the
laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party other
than the direction to pay a monetary amount. Further, the arbitrator(s) shall
have no authority to award punitive, consequential or other damages not measured
by the prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
GENERAL.
VRI may revise these Terms at any time by updating this posting. You should visit
this page from time to time to review the then-current Terms because they are
binding on you. Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at this Site.
OUR ADDRESS.
Visioning Realities, Inc.
1300 Clay Street Suite 1010
Oakland, CA 94612
United States
Last updated: September 1, 2007
Copyright 2007 VRI. All rights reserved