1. Acceptance of Terms
-
By using or visiting the VINT Corporation (“VINT”) Virtual National Team Website available at vintsport.com (the "Website"), you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the Website.
-
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.vintsport.com/content/Terms). VINT may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions by continuing to use or visit the Site. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. VINT Website
-
These Terms of Service apply to all users of the Website, including users who are also contributors of photographic or video content, information, and other materials or services on the Website.
-
The Website may contain links to third party websites that are not owned or controlled by VINT. VINT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
-
The Website contains interactive areas designed to allow you to communicate with other users through the posting, sending and receiving of messages and content. You agree to only post, send and receive messages and content that are proper and related to the Website, and in accordance with Section 5 of these Terms of Service (see below).
3. User Accounts
-
In order to access some features of the Website, you will have to register for a VINT User Account. When registering for your VINT User Account, you must provide accurate and complete information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. You are solely responsible for the activity that occurs on your VINT User Account, and you must keep your account password secure. You must notify VINT immediately of any breach of security or unauthorized use of your VINT User Account.
-
Although VINT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VINT or others due to such unauthorized use.
4. Non-Commercial Use of Website
-
You may use this site for personal, non-commercial use only. As a condition of your use of Website, you warrant to VINT that you will not (and will not authorize any party to) sell or modify any applications, software, data, source code, or other materials owned or licensed by VINT (“VINT’s Materials”), or reproduce, display, distribute, or otherwise use any of VINT’s Materials in any way for any public or commercial purpose without VINT’s written permission.
-
You agree to cooperate with VINT in causing any unauthorized use of the Website immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party's use and enjoyment of the Website.
5. Your Rights
-
With a VINT User Account, you may submit photographic, video and textual information and content (collectively "User Content").
-
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize VINT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Service.
-
VINT claims no ownership or control over any User Content posted, displayed or submitted by you on or through the Website. You retain all patent, trademark and copyright to any User Content you post, display or submit on or through the Website and you are solely responsible for protecting any such rights. By posting, displaying or submitting User Content on or through the Website, you grant VINT a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such User Content on the Website for the purposes of sharing the User Content with users and visitors of the Website and of promoting the Website. This license terminates when such User Content is deleted from the Website.
-
By accessing and using the Site, you may provide us with personal information. You acknowledge and agree that we can collect, use and disclose such information solely in accordance with VINT's Privacy Policy, found at http://www.vintsport.com/content/Privacy_Policy, and incorporated herein by reference.
6. Appropriate Conduct
-
You agree that you are responsible for your own conduct and communications while using the Website and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Website, you will not:
-
post any inappropriate, defamatory, infringing, obscene, or unlawful information, photographs, videos or other content , such as messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or any file containing viruses, worms, defects, Trojan horses, or any items of a destructive nature;
-
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
-
post any content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party (the "Rights"), unless you are the owner of the Rights or can prove that you have the permission of the owner to post such content;
-
impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
-
download any file posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner;
-
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users; or
-
submit content that falsely expresses or implies that such Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
-
While VINT prohibits such conduct and content in connection with the Website, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Website at your own risk.
-
VINT reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove any content and/or terminate your User Account without notice and at any time for any reason.
7. DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. VINT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VINT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VINT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VINT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. VINT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY
VINT, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, THAT ARISES FROM WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF VINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VINT SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Indemnity
-
You agree to defend, indemnify and hold harmless VINT, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. In such a case, VINT will provide you with written notice of such claim, suit or action.
10. Miscellaneous
-
You affirm that you are either more than 18 years of age, or possess parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
-
These Terms of Service will be governed by and construed in accordance with the laws of the Ontario, Canada, without giving effect to its conflict of laws provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Ontario, Canada. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remaining provisions of the Terms of Service will continue in full force and effect. You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
-
These Terms of Service constitute the entire agreement between you and VINT with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
|