|
This agreement governs your use of the V I Imagery llc. website.
The
following Terms of Use apply to V I Imagery llc., and to the software,
services, products, resources, information, content and materials on the
V I Imagery llc. web site.
By accessing or using this Web site, you agree to these Terms of Use. If
you do not agree to accept and abide by these Terms of Use you should
not access or use this Web site.
Your use of certain resources made available on the V I Imagery llc.
website or the conduct of certain transactions may be subject to certain
additional terms and conditions. We reserve the right to modify, alter,
update, or remove portions of these Terms of Use at any time.
You are
cautioned to review the Terms of Use posted on the Web site
periodically. Your continued access or use of this Web site after any
such changes are posted will constitute your acceptance of these
changes.
If you do not agree with our Terms of Use, your sole remedy is to
discontinue your use of the V I Imagery website.
Also, you may not interfere with the security of, or otherwise abuse
this Web site or any system resources, services or networks connected to
or accessible through this Web site. You may only use this Web site for
lawful purposes.
The failure of V I Imagery llc. to enforce these Terms of Use, for
whatever reason, shall not be construed as a waiver of any right to do
so at any time.
Conduct
You agree that your use of the
V I Imagery Website or V I Imagery llc. content will respect the rights
of others. In particular you agree not to:
-
Restrict or inhibit any
other user from using the V I Imagery llc. Content or from
purchasing any products or services sold by V I Imagery llc.
-
Take any action that
may threaten, intimidate or harass any other user of the V I Imagery
llc. website, or which is abusive, illegal, hateful, sexually or
racially or ethnically discriminatory, or otherwise objectionable or
harmful
-
Use the V I Imagery
llc. website to send unsolicited advertising, promotional material,
or other forms of solicitation to others, except in those specified
ways that are designed for such a purpose.
-
Submit, publish,
distribute, or transmit through the V I Imagery llc. website or its
e-mail links materials that do not meet the requirements of these
Terms of Use.
-
Impersonate any person
or entity or forge anyone else's digital or manual signature or
attempt to gain unauthorized access to any computers, software or
data.
We reserve the right to
prohibit use of the V I Imagery llc. website or the purchase of products
and services from V I Imagery llc. by any user who, in our sole
discretion, violates these Terms of Use. Such a prohibition may occur
without notice to the user. If you believe another user is violating
these terms, you may notify V I Imagery llc., and we will work in good
faith to resolve any such issues. However, we have no obligation to
monitor the V I Imagery llc. website or its Content and are not
responsible for the accuracy or reliability of any content, opinion,
advice, or statement made on the web site, or for any defamatory,
offensive, or illegal conduct by any user of the website.
V I Imagery llc. reserves the right to investigate
suspected violations of these Terms of Use, including the gathering of
information from the user or users involved and the complaining party,
if any, and examination of material on V I Imagery llc. web servers and
networks. You hereby authorize V I Imagery llc. and its affiliates to
cooperate with (i) law enforcement authorities in the investigation of
suspected criminal violations, and (ii) system administrators at other
Internet service providers or other network or computing facilities in
order to enforce these Terms of Use. Such cooperation may include V I
Imagery llc. providing your username, IP address, or other identifying
information.
Submissions
You
may at times submit to V I Imagery llc., resources, links, applets,
information, content, software code, graphics, artwork, templates or
other materials ("Submissions"). You hereby grant to V I Imagery llc. a
non-exclusive, perpetual, worldwide, royalty-free license to link to,
reproduce, distribute, adapt, perform, display and create derivative
works from your Submissions, and to sublicense any of the foregoing
rights. If your Submissions include software source code, the foregoing
license includes the right to analyze, report on, summarize and display
the source code. V I Imagery llc. reserves the right at any time and
without notice to refuse to post or to remove any Submission, in its
sole discretion.
You agree that your Submissions will meet all of the
following requirements for appropriate content, and make the following
representations and warranties to V I Imagery llc.:
-
You have all rights and have obtained all approvals,
consents, release clearances, licenses and authorizations needed for
the grant of rights and licenses hereunder, and any Publication of
your Submissions does not violate or conflict with any other
agreement you have made.
-
Your Submissions do not infringe or otherwise violate
any patents, copyrights, trademarks, trade secrets, or any other
proprietary rights of any third party.
-
Your Submissions do not contain any virus, worm,
Trojan horse or other routine intentionally designed to damage or
allow unauthorized access to any content on the Web Site, or any
other hardware, software or data.
-
Your Submissions do not include material that may be
used in any attempt to circumvent the user authentication or
security of any host, network, or account, including the
documentation and tutorials on tools designed for compromising
security, such as password guessing programs, cracking tools, packet
snifters or network probing tools.
-
Your Submissions: (i) do not constitute or encourage
a criminal or civil offense or unethical activity and do not
otherwise give rise to liability; (ii) comply with all applicable
laws, rules and regulations; (iii) do not contain any false,
misleading, libelous or defamatory statements; (iv) do not
constitute an invasion of the rights of privacy or publicity of any
third party libelous; and (v) are not obscene, pornographic,
threatening, sexually or racially or ethnically discriminatory, or
otherwise objectionable or harmful.
Accuracy
V I Imagery llc. cannot guarantee or accept
any responsibility or liability for the accuracy, currency or
completeness of the information on this Web site. V I Imagery llc. may
revise, supplement or delete information, services and/or
the resources contained in the Web site and reserves the right to make
such changes without prior notification to past, current or prospective
visitors.
Linked Web sites
This Web site may
provide links to third party Web sites for your convenience. The
inclusion of these links does not imply that V I Imagery llc. monitors
or endorses these Web sites. V I Imagery llc. does not accept any
responsibility for such Web sites and shall not be responsible or
liable, directly or indirectly, for any damage or loss, caused or
alleged to be caused by or in connection with the use of or the reliance
upon any information, content, goods or services available on or through
any third party Web sites or linked resources.
Internet Software or
Computer Viruses
Due to technical
difficulties with the Internet, Internet software or transmission
problems could produce inaccurate or incomplete copies of information
contained on this Web site. Computer viruses or other destructive
programs may also be inadvertently downloaded from this Web site.
V I Imagery llc. shall not be responsible or liable for any software,
computer viruses or other destructive, harmful or disruptive files or
programs that may infect or otherwise impact your use of your computer
equipment or other property on account of your access to, use of, or
browsing on this Web site or your downloading of any of the Materials
from this Web site.
Indemnity
You
agree to indemnify, defend, and hold harmless V I Imagery llc. and their
officers, employees, directors, agents and sponsors from and against any
and all claims, damages, costs, or other expenses (including reasonable
attorneys fees) that arise directly or indirectly out of or from: Your
breach of these Terms of Use; or of any representation or warranty made
by you in these Terms of Use;
Your Submissions and/or Your activities in
connection with the V I Imagery llc. web site or its contents.
Provided ”AS IS”
THIS WEB SITE AND
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. V I IMAGERY LLC.
DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL
MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR
FREE.
Limitation of
Liability
YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS
INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
YOU AGREE THAT V I IMAGERY LLC. SHALL NOT BE LIABLE UNDER ANY CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE
THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS
ENTERED INTO THROUGH THE V I IMAGERY LLC. WEBSITE; (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE V I IMAGERY LLC. WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicable law
You
agree to comply with all applicable laws, statutes, ordinances, and
regulations regarding your use of the V I Imagery llc. website and your
purchase of V I Imagery llc. products and services.
This web site is controlled, operated and administered by V I Imagery
llc. from within the State of Pennsylvania
in the United States of America. V I Imagery llc. makes no
representation that its web Content is appropriate or available for use
in other locations, and accessing the V I Imagery llc. website or Site
Contents from jurisdictions where their contents are illegal is
prohibited. If you choose to access this site from such a jurisdiction,
you do so at your own risk and are solely responsible for compliance
with all the laws of your jurisdiction.
By accessing this Web site, you acknowledge and agree that, all matters
relating to access to, or use of this Web site shall be governed by the
laws of the State of Pennsylvania and the laws of The United States Of
America applicable therein.
You also agree that any claims or disputes whatsoever arising hereunder
shall be submitted to the exclusive jurisdiction and venue of the courts
of the State of Pennsylvania and the United States Of America and
acknowledge that you do so voluntarily.
Copyright and
Intellectual Property
All materials,
including the organization and presentation of such material, on this
Web site are the property of V I Imagery llc. and its licensors and is
protected by
United States and
International Copyright laws
and/or intellectual property laws including laws relating to
trade-marks, trade-names, internet domain names, and other similar
rights.
All copyright, trademark, and other proprietary rights of
V I Imagery llc., and in the services, products, software, text,
graphics, design elements, audio, music, and all other materials
originated or used are reserved to V I Imagery llc. and its licensors.
In addition, the V I Imagery llc. website may contain trademarks, logos
and links to the web sites of third parties. Any domain names, URLs,
trademarks or logos appearing in any V I Imagery llc. Content are the
sole property of their respective owners.
Unless you have entered into a
separate agreement with V I Imagery llc., any use of these materials,
either
full or edited, for print or broadcast,
without V I Imagery lc.’s
written permission is prohibited.
Copyright ©2006 V I Imagery llc.. All rights reserved.
Software Downloads
All
items available for download from the V I Imagery llc. website are the
copyrighted work of V I Imagery llc. or its licensors. Software, and
documentation ownership is retained by the copyright holder. You are
only licensed to use the software subject to certain restrictions
contained in the end user license agreement accompanying such software.
You expressly agree that any software or other content downloaded or
otherwise obtained through the use of the V I Imagery llc. website is
done at your own discretion and risk and that you will be solely
responsible for any damage to your network or computer system or loss of
data that results from the download of software or other content.
Public Domain
This website is for viewing purposes only.
No images contained in this website are considered within the public
domain. All code, images, script, and text appearing herein are the
exclusive intellectual property of V I Imagery llc. and are protected by
The United States and applicable international copyright laws. The
intellectual property may not be altered, copied, downloaded,
manipulated, published, reproduced, or stored in any way without the
expressed written consent of V I Imagery llc..
Notice and Procedure for Making Claims of
Infringement
V I Imagery llc. respects the copyright of others, and we ask our users
to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide V I Imagery llc.
with a written communication including the following information:
-
an electronic or physical
signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
-
description of the copyrighted
work or other intellectual property that you claim has been
infringed;
-
a description of where the
material that you claim is infringing is located on the Web site;
-
your address, telephone
number, and email address;
-
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;
-
a statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property
owner's behalf.
Please address
your letter as follows:
V I Imagery llc. P.O. Box 204 Bentleyville, Pennsylvania 15314-0204
Attention: Copyright Office
Email
Feel free to
email V I Imagery llc. at
help@viimagery.com. However, V I
Imagery llc. is not liable for any damages related to communications to
or from this Web site. You agree with respect to any information
provided by you to us through this Web site or via e-mail that:
-
V I
Imagery llc. has no obligation concerning such information;
-
the
information is non-confidential;
-
V I
Imagery llc. may use, disclose, distribute or copy the information
and may use any ideas, concepts or know-how contained in the
information for any purpose without compensation; and
-
the
information is truthful and disclosure of the information does not
violate the legal rights of others.
Disclaimers and Warranties
Products and services offered on the V I Imagery llc. website that are
provided by third parties, are offered with only the representations and
warranties that those third parties generally provide to their customers
with respect to such products and services. V I Imagery llc. warrants
that it will comply with the Purchases and Returns Policy with respect
to any products or services purchased from V I Imagery llc., but makes
no other representations or warranties whatsoever with respect to the
products or services of third parties. Except for these limited
warranties, the V I Imagery llc. website and its content are provided on
an "as is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW V I IMAGERY LLC. AND IT’S AFFILIATES EXPRESSLY DISCLAIM
ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS
TO THE WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NO INFRINGEMENT.
V I Imagery llc. does not make any representations or
warranties that: (1) the V I Imagery llc. website, its content or any
products or services offered, will meet your requirements or
expectations; (2) the operation of the V I Imagery llc. website or its
content will be uninterrupted, timely, secure, or error-free or that any
errors will be corrected; or (3) any particular results will be obtained
from the use of the V I Imagery llc. website or from any products or
services purchased from V I Imagery llc..
Severability
The provisions of these
Terms of use shall be severable, and the invalidity or unenforceability
of any provision shall not affect or invalidate any remaining provision.
Contact
If you have concerns
relating to this web site or these Terms of Use, please contact V I
Imagery llc. at
admin@viimagery.com
or write to:
V I Imagery llc. P.O. Box 204 Bentleyville, Pennsylvania 15314-0204
Attention: Webmaster
|