|
VCO Privacy
Policy
/x-tad-bigger>/bigger>/bigger>/bigger>/bigger>/bigger>/bigger>/fontfamily>
Registration Data and certain other
information about you is subject to our Privacy Policy. VCO is committed to protecting the privacy
and security of all individuals who use our site. Our goal is to provide an
Internet experience that delivers the information, resources, and services
that are most relevant and helpful to you. In order to achieve this goal,
from time to time we may collect information during your visits. This
Privacy Policy is designed to help you learn more about the personal
information we collect, who we might share it with, and how we protect it.
Note: Additional terms and conditions, if any, regarding the collection
and use of your information may also be provided to you before you sign up
for a particular VCO service - privacy policies for those services will be
linked from those particular areas or sections of our site.
What Information Do We Collect?
VCO collects personal information in three ways - through information
provided directly from our users, from information collected through web
server logs and through cookies.
Information Supplied by Our Users
VCO collects personal information, such as your e-mail address, name, home
or work telephone number. VCO may also collect demographic information, such
as your ZIP code, age, gender, and interests. VCO does not collect any of
this unique information about you except when you specifically and knowingly
provide such information.
Information from Web Server Logs
VCO records and saves information about you from our web server logs such as
your Internet [Protocol] (IP) address, the time day you visited and your
browser type. This information is used to verify our records and to provide
better services to you.
Information from Cookies
In order to offer and provide you with personalized services, VCO may use
"cookies" to store and help track your information. A cookie is a piece of
data that identifies you as a unique user. VCO will not disclose its cookies
to third parties except as required by a valid legal process such as a
search warrant, subpoena, statute, or court order.
Note: Most browsers are initially set up to accept cookies. You can reset
your browser to refuse all cookies. You should be aware though that some
parts of the VCO Web sites and services may not function properly if you
refuse cookies.
Links to Other Sites
VCO encourages you to review the privacy statements of Web sites you choose
to visit from VCO so that you can understand how those Web sites collect,
use and share your information. VCO is not responsible for the privacy
statements or other content on Web sites outside of the VCO site.
Use or Disclosure of your Personal Information to Third Parties and
Co-Brand Partners
VCO will not willfully disclose any individually identifiable information
about you to any third party without first receiving your permission. VCO
may access and/or disclose your personal information if required to do so by
law or in the good faith belief that such action is necessary to conform to
the edicts of the law or comply with legal process served on VCO, protect
and defend the rights or property of VCO or act under exigent circumstances
to protect the personal safety of users of VCO or members of the public.
Certain VCO services and content may be co-branded with another company. If
you register for or use such services, both VCO and the other company may
receive information collected in conjunction with the co-branded services.
In such cases, either a joint privacy statement or a link to the other
company's privacy statement will be provided, which will provide you with
information about how the other company will use the information and how you
can contact the other company with requests to access the information or
other inquiries.
Protecting Your Information
While VCO is committed to protecting your personal information, no data
transmission over the Internet can be guaranteed to be 100% secure. You are
solely responsible for maintaining the secrecy of any passwords you set up
and/or any account information.
Correcting Inaccuracies
When you sign up for VCO's products and service, such as our free
newsletter, we may send you an e-mail confirming your new account. The
message will be sent to the address that you supplied to us at the time of
sign-up.
We welcome your comments or questions. Send us an email to
[email protected].
DESCRIPTION
OF SERVICE (TOS)
/fontfamily>Vegas Community Online (VCO)
currently provides users with access to a collection of content and services
hosted Web sites and business information.
You also understand and agree that the Service may include advertisements
and that these advertisements are necessary for VCO to provide the Service.
You also understand and agree that the Service may include certain
communications from VCO, such as service announcements, administrative
messages and the VCO Member Newsletter, and that these communications are
considered part of VCO membership.
You understand and agree that the Service is provided "AS-IS" and that VCO
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to access the
Service.
We have the right, but not the obligation, to take any of the following
actions in our sole discretion at any time and for any reason without giving
you any prior notice:
a. Restrict, suspend or terminate your access to all or any part of the
Service; b. Change, suspend or discontinue all or any part of the Service;
c. Refuse, move or remove any material that you submit to the Service for
any reason; d. Refuse, move, or remove any content that is available on the
Service; e. Deactivate or delete your accounts and all related information
and files in your account; f. Establish general practices and limits
concerning use of the Service
You agree that we will not be liable to you or any third party for taking
any of these actions.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not VCO, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
VCO does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will VCO be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
a. Publish, post, upload, email, distribute, disseminate or otherwise make
available (collectively, "Transmit") any unlawful, infringing, harmful,
threatening, abusive, inappropriate, harassing, tortious, defamatory,
vulgar, obscene, indecent, defamatory, libelous, invasive of another's
privacy, profane, hateful, or racially, ethnically or otherwise
objectionable Content.
b. Transmit any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements) or
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
c. Transmit files that contain viruses, corrupted files, or any other
similar software or any other computer code, files or programs that may
damage, interrupt, destroy, limit the functionality or adversely affect the
operation of another person's computer, our sites, any software or hardware,
or telecommunications equipment;
d. Transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," contests
or any other form of solicitation, except in those areas that are designated
for such purpose.
e. Defame, abuse, harass, stalk, threaten or otherwise violate the legal
right of others;
f. Harm minors in any way.
g. Impersonate any person or entity, including, but not limited to, a VCO
representative or falsely state or otherwise misrepresent your affiliation
with a person or entity;
h. Forge headers or otherwise manipulate identifiers or other data in order
to disguise the origin of any Content transmitted through the Service or to
manipulate your presence on our sites;
i. Download any file that you know or reasonably should know, cannot be
legally obtained in such manner;
j. Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material;
k. Restrict or inhibit any other user from using and enjoying any public
area within our sites;
l. Interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
m. Take any action that imposes an unreasonably or disproportionately large
load on our infrastructure.
n. Intentionally or unintentionally violate any applicable local, state,
national or international law or engage in any illegal activities;
You acknowledge that VCO may or may not pre-screen Content, but that VCO and
its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or move any Content that is available via
the Service. Without limiting the foregoing, VCO and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by VCO or submitted
to VCO, including without limitation information in VCO Message Boards, and
in all other parts of the Service.
You acknowledge, consent and agree that VCO may access, preserve, and
disclose your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of VCO, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by VCO and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
VCO does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service,
you grant VCO the following world-wide, royalty free, perpetual, irrevocable
and fully sub-licensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other
works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the VCO
network of properties that are intended by VCO to be available to the
general public. By way of example, publicly accessible areas of the Service
would include the VCO Message Boards.
INDEMNITY
You agree to indemnify and hold VCO, and its subsidiaries, affiliates,
employees, information providers, partners, licensors, agents, co-branders,
officers, directors, owners and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including
your VCO Account Identification), use of the Service, or access to the
Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that VCO may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that message board postings or other uploaded Content will be
retained by the Service, the maximum disk space that will be allotted on
VCO's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that VCO has no responsibility or liability for the deletion
or failure to store any communications or other Content maintained or
transmitted by the Service. You acknowledge that VCO reserves the right to
log off accounts that are inactive for an extended period of time. You
further acknowledge that VCO reserves the right to modify these general
practices and limits from time to time.
MODIFICATIONS TO SERVICE
VCO reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that VCO shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
TERMINATION
You agree that VCO may, under certain circumstances and without prior
notice, immediately terminate your VCO account and access to the Service.
Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your VCO account includes (a) removal
of access to all offerings within the Service, including but not limited to
VCO Message Boards and Web sites, (b) deletion of your password and all
related account information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall be made in
VCO's sole discretion and that VCO shall not be liable to you or any
third-party for any termination of your account, any associated email
address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that VCO shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Your use of each of those sites is
subject to the conditions, if any, that each of those sites has posted.
Because VCO has no control over such sites and resources, you acknowledge
and agree that VCO is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that VCO
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 use of or
reliance on any such Content, goods or services available on or through any
such site or resource.
VCO'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by VCO or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
VCO grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
VCO for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. VCO EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WARRANTIES OF TITLE AND NON-INFRINGEMENT.
b. VCO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
VCO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VCO SHALL NOT BE LIABLE TO YOU
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 VCO HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
SPECIAL ADMONITION FOR SERVICES RELATING TO LEGAL INFORMATION
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
legal information or services, please read the above Sections VCO’S
PROPRIETARY RIGHTS and DISCLAIMER OF WARRANTIES again. They go doubly for
you. The Service is provided for informational purposes only. VCO, its
licensors and partners shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
NOTICE
VCO may provide you with notices, including those regarding changes to
the TOS, by either email, or postings on the Service.
TRADEMARK INFORMATION
VCO and the VCO logo are trademarks of VCO Inc. (the "VCO Marks").
Without VCO's prior permission, you agree not to display or use in any
manner, the VCO Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
VCO respects the intellectual property of others, and we ask our users
to do the same. VCO may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers.
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 VCO's Copyright Agent the following
information:
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
2. A description of the copyrighted work or other intellectual property 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;
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 or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
VCO's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By email: [email protected]
GENERAL INFORMATION
Entire Agreement
The TOS constitutes the entire agreement between you and VCO and govern
your use of the Service, superceding any prior agreements between you and
VCO. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other VCO services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and VCO shall be governed by
the laws of the State of Nevada without regard to its conflict of law
provisions. You and VCO agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Clark, Nevada.
Arbitration
VCO may elect to resolve any controversy or claim arising out of or
relating to these TOS or our sites by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in the
county of Clark, Nevada, and judgment on the arbitration award may
be entered in any court having jurisdiction thereof. Either you or we may
seek any interim or preliminary relief from a court of competent
jurisdiction in the county of Clark, Nevada, necessary to protect the rights
or property of you or VCO (or its agents, suppliers, and subcontractors)
pending the completion of arbitration.
Waiver and Sever ability of Terms
The failure of VCO to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your VCO account is non-transferable and any rights to
your VCO I.D. or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
Article/Feedback Submission
Criteria
VCO
will reject any submission of websites, feedback, articles or ads that VCO determines unacceptable,
such as:
*
Pornographic or Adult Content
*
Inflammatory, Offensive or Promoting Hate
*
Illegal or in violation of other people's, or company's rights or
trademarks.
Columnists Views
The views and opinions
expressed by our VCO columnists do not necessarily reflect the opinions
of Vegas Community Online, it's sponsors or subscribers.
VIOLATIONS
Please report any violations to
[email protected]
|
|