LICENSE AND WEB SITE ACCESS
VDV grants you a revocable, non-exclusive, limited license (the "Limited License") to access and make personal, noncommercial use of (i) this Website, and (ii) all materials published on this Website (collectively, the "Contents"). Unless explicitly granted herein, all rights are reserved by VDV. Prohibited uses of this Website and the Contents include, but not limited to, downloading this Website or the Contents (other than page caching) without VDV's prior written consent; making any modification of the Contents, or any portion of it; engaging in any form of resale or commercial use of this Website or the Contents; or engaging in any derivative use of this Website or the Contents. In the event that you engage in any unauthorized use of this Website or the Contents, the Limited License will immediately be terminated.
USE OF SOFTWARE
Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Web site (collectively, "Software") are the copyrighted and patented work of VDV. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. The Software is made available solely in accordance with the license agreement.
INTELLECTUAL PROPERTY OF VDV
This Website and all Contents, and any compilation thereof, are the exclusive property of VDV and protected by United States and international copyright laws. By using the Services, you agree to abide by all additional copyright notices or restrictions contained in any of the Content accessed through the Services. All marks indicated on this Website are trademarks and trade dress, as applicable, of VDV and may not be used in connection with any product or service that is not offered by VDV, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages VDV. You may not use any VDV logo or any other proprietary graphic or trademark without express written permission. Periodically on this Web site, VDV makes fair use of trademarks owned and/or used by third parties. Any such marks are clearly noted, and VDV makes no claim to ownership of those marks.
USER ACCOUNTS AND PASSWORDS
Some VDV Services may require you to open a user account. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will select a user name and password. You are responsible for maintaining the confidentiality of your password and account and for all usage of your account. You agree to notify VDV immediately if you become aware of any unauthorized use of your account or any breach of security. VDV will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another VDV user’s account without the permission of that user.
You are solely responsible for your account information, posted content, blogs, messages or other information ("User Content") that you submit, publish or display (hereinafter, "post") on the Web site or transmit to other users. By posting User Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to VDV an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to display such User Content on the Web site. You understand that by using the Services that your User Content will be publicly available to others using the Services and that VDV has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your User Content.
The following is a partial list of User Content that is prohibited on the Web site. The list below is for illustration only and is not a complete list of all prohibited User Content:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of another any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
VDV does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The VDV Website or other VDV services may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, VDV does not guarantee any confidentiality with respect to any submissions.
You understand that when using the VDV Website, you may be exposed to User Submissions from a variety of sources, and that VDV 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 you deem 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 VDV with respect thereto, and agree to indemnify and hold VDV, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. VDV MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VDV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VDV DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM VDV ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VDV WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
RESTRICTIONS & PROHIBITED USES
You may not use the Web site in order to transmit, distribute, store or destroy material, including without limitation the Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. VDV will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
All notices shall be in writing and shall be deemed to be delivered when e-mail to either parties' last known e-mail address. You hereby consent to notice by e-mail.