1. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Service and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.
2. Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that viLogics, Inc. publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Use of Community Services
Community Services are provided as a convenience to users and viLogics, Inc. is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding viLogics, Inc.’s products and services, including information from viLogics, Inc.’s employees, they may not be an official customer support channel for viLogics, Inc.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by viLogics, Inc.
5. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of viLogics, Inc. or a third-party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and viLogics, Inc. reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
6. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to viLogics, Inc. all of the licenses and rights set forth herein. By Sharing Content, you grant viLogics, Inc. a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any viLogics, Inc. product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by viLogics, Inc. without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) viLogics, Inc.’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third-party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, worms, Trojan horses, or other components designed to limit or harm the functionality of a computer. viLogics, Inc. may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
7. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Company accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Company accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Company accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any viLogics, Inc. accounts, computer systems or networks without viLogics, Inc.’s express written permission.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify viLogics, Inc. immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Service.
8. No Unlawful or Prohibited Use
You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Service or the rules, guidelines or Terms of Service posted for a specific area of the Site or Content provided on or through the Site.
You agree to indemnify and hold harmless viLogics, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Service or any additional rules, guidelines or Terms of Service posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third-party rights, including intellectual property rights.
viLogics, Inc. has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, viLogics, Inc. reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. viLogics, Inc. may remove Content that is confidential or proprietary to a third-party without that third-party’s permission.
11. Termination of Use
viLogics, Inc. may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that viLogics, Inc. may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. viLogics, Inc. may terminate or limit your access to or use of the Site if viLogics, Inc. determines, in its sole discretion, that you have infringed the copyrights of a third-party. You agree that viLogics, Inc. shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.
12. Third-Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. viLogics, Inc. is not responsible for third-party Content provided on or through the Site or for any changes or updates to such third-party sites, and you bear all risks associated with the access to, and use of, such Web sites and third-party Content, products and services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VILOGICS, INC. 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 AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. VILOGICS, INC. MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. VILOGICS, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. VILOGICS, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability
IN NO EVENT SHALL VILOGICS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD-PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
15. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
17. Persons Not of Age of Majority
Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us.
18. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of viLogics, Inc. in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of viLogics, Inc. outside the U.S. Neither the services or products of viLogics, Inc. nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms of Service, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Availability of Products
Information on the Site may reference or cross-reference Company products, programs, or services that might not be available in your location. Such references do not imply that viLogics, Inc. plans to make such products, programs, or services available in your location. Please contact your local Company representative for more information.
20. Waiver and Severability
The failure of viLogics, Inc. to exercise or enforce any rights or provisions in these Terms of Service shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Service is found to be unenforceable, such part or provision may be modified to make the Terms of Service as modified legal and enforceable. The balance of the Terms of Service shall not be affected.
21. Applicable Laws
All matters or disputes arising hereunder or relating hereto shall be governed by, and will be construed under, the laws of the Commonwealth of Pennsylvania, without regard to choice of law principals. Those who choose to access the (Site) (Services) from locations 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. By using the (Services) (Site), you agree that the Court of Common Pleas of Cambria County, Pennsylvania, shall have sole and exclusive jurisdiction over any dispute or disagreement arising hereunder or relating hereto.
22. Contact Information
If you have any questions regarding these Terms of Service, please contact viLogics, Inc. at firstname.lastname@example.org. If you have any other questions, contact information is available at the Contact Us page on the Site.