Site Terms of Use Agreement
PLEASE
READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS AND REMEDIES
1. OVERVIEW
The Site
is own
ed by Vida Media, LLC. (“Vida
Media” or “We” and similar references). These Terms of Use (“Terms of
Use”) set forth the terms and conditions of your use of this website (“Site”)
and the products and services (individually and collectively, the “Services”)
found at this Site. The terms “you”, “your”, “User” or “customer”
shall refer to any individual or entity who accepts these Terms of Use by using
this Site or the Services found at this Site. If you are agreeing to
these Terms of Use on behalf of a corporate entity, you represent and warrant
that you have the legal authority to bind such corporate entity to these Terms
of Use, in which case the terms “you”, “your”,
“User” or “customer” shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed
to confer any third-party rights or benefits.
2. USE
OF THE SITE
In order to utilize
certain Site Services, you will be asked to create an account (“Account”) by
providing certain personal information such as your name, email address,
physical address and major credit card number. (This Site’s Privacy Policy explains how such information may be
collected and used). Vida Media offers a
number of Services on the Site. When you obtain a Service from Vida Media on
the Site, you accept the specific terms applicable to that Service. Except as
provided herein, Vida Media does not warrant that any product descriptions or
content contained in this website is accurate, current, reliable, complete, or
error-free.
The content on this Site and the Services found at this Site,
including without limitation the text, software, scripts, source code, graphics,
photos, videos and interactive features and the trademarks, service marks and
logos contained therein (“Vida Media Content”), are owned by or licensed to Vida
Media in perpetuity, and are subject to copyright, trademark, and/or patent
protection in the United States
and foreign countries, and other intellectual property rights under
United States
and foreign laws. Vida Media Content is provided to you “as is”, “as available”
and “with all faults” for your information and personal, non-commercial use
only and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any purposes
whatsoever without the express prior written consent of Vida Media. No right or
license under any copyright, trademark, patent, or other proprietary right or
license is granted by these Terms of Use. Vida Media reserves all rights not
expressly granted in and to the Vida Media Content, this Site and the Services
found at this Site, and these Terms of Use do not transfer ownership of any of
these rights.
You
agree not to circumvent, disable or otherwise interfere with the
security-related features of this Site or the Services found at this Site
(including without limitation those features that prevent or restrict use or
copying of any Vida Media Content) or enforce limitations on the use of this
Site or the Services found at this Site or the Vida Media Content therein.
You may not use
the Site in any manner that: (i) imposes an unreasonable or disproportionately
large load on the Site’s infrastructure, or otherwise adversely affects,
restricts or inhibits any other user from using and enjoying the Site; (ii) introduces
a virus or other harmful component to the Site; (iii) constitutes or contains
false or misleading indications of origin or statements of fact including but
not limited to impersonating any other person; (iv) contains any virus, trojan
horse, worm, time bomb, cancelbot or other similar harmful or deleterious
programming routine; (v) results in the transmission of any information, data,
text, images, links, files, etc., except in connection with your authorized use
of the Site and (vi) results in the harvesting of any information concerning
other users of this Site.
Vida Media may change, suspend or discontinue any
aspect of the Site at any time, including the availability of any Site feature,
or content. Vida Media may also impose limits on certain features and services
or restrict your access to parts or the entire Site without notice or
liability.
You are responsible for maintaining the
confidentiality of your account and password. You agree to accept
responsibility for all activities that occur under your account or password.
You agree to immediately notify us in the event of any unauthorized use of your
account or other breach of security.
3. ACCOUNT
HOLDER REGISTRATION
Account Holders must be 18 years and older, have properly
registered and have not been suspended or removed by Vida Media for any reason
(a “Account Holder”). By
becoming an Account Holder you represent that you are of legal age. Membership
is available only to users who have completed the information required by the
Site’s registration form. As an Account Holder, you agree to provide true,
accurate, current, and complete information about yourself as prompted by the
Site’s registration form. Accounts are void
where prohibited by law. Vida Media reserves the right to revoke or prohibit
your Account for any reason at any time, without notice, but, in particular,
upon any violation of any of these Terms of Use or the Privacy Policy.
4. RULES OF CONDUCT
You acknowledge and agree that:
a. Your use of this Site and the Services found at this Site,
including any content you submit will comply with these Terms of Use and all
applicable local, state, national and international laws, rules and
regulations.
b. You will not impersonate another User or any other person or
entity, or submit content on behalf of another User or any other person or
entity, without their express prior written consent.
c. You will not collect or harvest (or permit anyone else to
collect or harvest) any non-public or personally identifiable information about
another User or any other person or entity without their express prior written
consent.
d. You will not use this Site, or the Services found at this Site
in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in defamatory, harassing,
abusive or otherwise objectionable behavior; - Promotes, encourages or engages in child pornography or the
exploitation of children; - Promotes, encourages or engages in hate speech, hate crime,
terrorism, violence against people, animals, or property, or intolerance of or
against any protected class; - Promotes, encourages or engages in any spam or other
unsolicited bulk email, or computer or network hacking or cracking; - Infringes on the intellectual property rights of another User
or any other person or entity; - Violates the privacy or publicity rights of another User or any
other person or entity, or breaches any duty of confidentiality that you owe to
another User or any other person or entity; - Interferes with the operation of this Site or the Services
found at this Site; - Contains or installs any viruses, worms, bugs, Trojan horses or
other code, files or programs designed to, or capable of, disrupting, damaging
or limiting the functionality of any software or hardware; or - Contains false or deceptive language, or unsubstantiated or
comparative claims, regarding Vida Media or Vida Media’s Services.
e. You will not copy or distribute in any medium any part of this
Site or the Services found at this Site, except where expressly authorized by Vida
Media.
f. You will not modify or alter any part of this Site or the
Services found at this Site or any of its related technologies.
Vida Media reserves the right to modify, change, or discontinue
any aspect of this Site or the Services found at this Site, including without
limitation prices and fees for the same, at any time.
5.
LINKING
The Site
may contain links and pointers to other World Wide Web sites and resources.
Links to and from the Site to other web sites maintained by third parties, do not constitute an endorsement by Vida Media or any of its
affiliates of any third party web site or content. Vida Media is not
responsible for the availability of these third party resources or their
contents and in no event shall any reference to any third party, third party
website or product be construed as an endorsement or approval. You should
direct any concerns regarding any external link to its web site administrator
or webmaster.
6. DISCLAIMER
OF WARRANTIES; LIMITATIONS ON LIABILITY
USE OF THE SITE
IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS
EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY
WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE SITE IS PROVIDED “AS
IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
VIDA MEDIA DOES
NOT WARRANT THAT: (1) THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS
OR ERRORS IN THE SITE WILL BE CORRECTED; (3) THE SITE WILL BE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SITE WILL
BE ACCURATE OR RELIABLE.
IN NO EVENT
SHALL VIDA MEDIA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A
THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF
THE SITE.
IN NO EVENT
SHALL VIDA MEDIA, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH VIDA MEDIA BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE
OF OR INABILITY TO USE THE SITE, USE OF ANY SITE SERVICE OR ANY INFORMATION
CONTAINED THEREON OR STORED OR MAINTAINED BY VIDA MEDIA. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VIDA MEDIA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL O
R CONSEQUENTIAL
DAMAGES, THE LIABILITY OF VIDA MEDIA IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
IN NO EVENT
SHALL THE TOTAL LIABILITY OF VIDA MEDIA, ITS PARENT, SUBSIDIARIES, OR
AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR
THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED
THE AMOUNT YOU PAID TO VIDA MEDIA IN CONNECTION WITH THE APPLICABLE EVENT, OR
PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO
EVENT SHALL VIDA MEDIA, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES,
DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING
INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING
OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR
INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF VIDA
MEDIA.
7. INTERNATIONAL USE
We make no
representation that information on this Site is appropriate or available for
use outside the
United
States
. Those who choose to access this Site
from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
8. INTELLECTUAL
PROPERTY RIGHTS; LIMITED LICENSE
You acknowledge
that all right, title and interest in and to all content on the Site, including
all information, data, video, audio, graphics, logos, button icons, software
and other materials contained on or that make up the Site, is the sole and
exclusive property of Vida Media, and is protected by U.S. and international
copyright laws.
You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, and forms) of Vida
Media without the prior written consent of Vida Media. You may not use any
metatags or any other “hidden text” utilizing our name, trademarks,
service marks, or trade names without the prior written consent of Vida Media.
You may not use our names, trademarks, service marks, trade names, logos,
slogans, or proprietary graphics as any part of a link without the prior
written consent of Vida Media. Any unauthorized use terminates any license or
permission granted by Vida Media. Except as expressly stated above, nothing
contained herein shall be construed as granting, by implication, estoppel or
otherwise, any license or right to the content of the Site.
All Vida Media
trademarks, service marks, trade names, logos, slogans, and other identifying
marks appearing on the Site are the sole and exclusive property of Vida Media.
You may not copy or use any of Vida Media’ marks or any marks confusingly
similar to Vida Media’ marks without the prior written consent of Vida Media,
nor may you use Vida Media’ marks in any manner that discredits or disparages Vida
Media. All other trademarks not owned by Vida Media that appear on the Site are
the property of the respective owners, who may or may not be affiliated with,
connected to, or sponsored by Vida Media.
Except for
personally identifiable information that we obtain from you, any information
you provide, including without limitation, any feedback, comments, suggestions,
use of any messaging features and/or ideas you may submit to us, is hereby
deemed nonconfidential and nonproprietary, shall become the property of Vida
Media, and may be used by us for any purpose without restriction or obligation.
9. POLICY FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe
that any content has been posted on the Site in a manner that constitutes copyright
infringement, please notify us by providing our designated Copyright Agent with
the written information specified below:
- A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; - A
description of the copyrighted work(s) claimed to have been infringed; - A
description of the material on the Site that is claimed to be infringed or to
be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit us to
locate the material; - Information
reasonably sufficient to permit us to contact you, such as your address,
telephone number and e-mail address; - A
statement by you that you have a good faith belief that the use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; - A
statement by you that the information in your notice to us is accurate and,
under penalty of perjury, that you are authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed.
Vida Media
designated Copyright Agent for notice of claims of copyright infringement is: Copyright@vidamedia.net.
10.
INDEMNIFICATION
You
hereby agree to indemnify and hold Vida Media and any entity affiliat
ed with Vida Media, and their respective general and
limit
ed partners, members,
shareholders, directors, officers, employees, agents and representatives
(collectively, the “Vida Media Entities”) harmless from all claims,
liabilities, damages and expenses (including attorneys’ fees and expenses)
arising out of or relating to: (A) your use of the Site, or (B) any alleg
ed breach of this Terms of Use by you.
11.
TERMINATION
Vida
Media may change, suspend or discontinue any aspect of the Site at any time,
including the availability of any Site feature, database, or content. Vida
Media may also impose limits on certain features and services or restrict your
access to parts or the entire Site without notice or liability at any time in Vida
Media’ exclusive discretion, without prejudice to any legal or equitable rem
edies available to Vida Media, for any reason or
purpose, including, but not limit
ed
to, conduct that Vida Media believes violates these Terms of Use or other
policies or guidelines post
ed on the
Site or conduct which Vida Media believes is harmful to other customers, to Vida
Media’ business, or to other information providers. In addition, this Terms of
Use may be imm
ediately terminat
ed at any time by Vida Media in its sole discretion.
In addition and without prejudice to any other rem
edy
available to Vida Media, Vida Media may imm
ediately
terminate this Terms of Use if you breach any term of this Terms of Use or
other operating term set forth by Vida Media.
12.
CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES
This Terms
of Use will be govern
ed by the laws
of the State of
California
applicable to contracts enter
ed into
and perform
ed exclusively in that
State. Any court of competent jurisdiction sitting within
Sacramento County,
California
will be the exclusive jurisdiction and venue for any dispute arising out of or
relating to this Terms of Use. You hereby waive any argument that any such
court does not have jurisdiction over you or such dispute or that venue in any
such court is not appropriate or convenient. Vida Media will be entitl
ed to recover its court costs and reasonable
attorneys’ fees and expenses incurr
ed
in successfully proving any breach of any term of this Terms of Use.
13. PRIVACY
POLICY
The Site is a
United States
web site and is subject to
United States
law. Vida Media’s use of data collected via the Site is governed by our Privacy
Policy. A link to the Privacy Policy can be found in the footer of any Vida
Media Site. You acknowledge and agree that our Privacy Policy is incorporated
into this Terms of Use.
14. MISCELLANEOUS
This Terms
of Use constitutes the entire terms of Use between the parties, and supers
edes all prior written or oral agreements or
communications with respect to the subject matter herein. Vida Media in its
sole discretion may amend this Terms of Use, and your use of the Site after
such amendment is post
ed on the Site
will constitute acceptance of it by you. If any term in this Terms of Use is declar
ed unlawful, void or for any reason unenforceable by
any court, then such term will be deem
ed
severable from the remaining terms and will not affect the validity and
enforceability of such remaining terms. The section headings in this Terms of
Use are for convenience only and must not be given any legal import.
This Site may contain
typographical errors or inaccuracies and may not be complete or current. On the
Site some products may appear larger or smaller than their actual size. Vida Media therefore reserves the right to
correct any errors, inaccuracies or omissions (including after an order has
been submitted) and to change or update information at any time without prior
notice. Please note that such errors, inaccuracies or omissions may relate to
pricing and availability, and we reserve the right to cancel or refuse to
accept any order placed based on incorrect pricing or availability information.
We apologize for any inconvenience.
15.
ACCEPTANCE OF TERMS OF USE
By
using the Site, you signify your agreement to the terms of this Terms of Use.
If you do not agree to the terms in this Terms of Use, you must not use the Site.
Vida Media may change the terms of this Terms of Use at any time, and your use
of the Site after such changes are post
ed
will mean that you accept them.
LAST
UPDATED: May 30, 2012