Vai.com User Agreement

VAI.COM  User Agreement / Terms of Service

1. Acceptance of Terms

Welcome to VAI.COM . VAI.COM  provides its service to you, subject to the following User Agreement / Terms of Service (“USER AGREEMENT / TERMS OF SERVICE “), which may  be updated by us from time to time without notice to you. You can review the most current version of the USER AGREEMENT / TERMS OF SERVICE here in this forum. In addition, when using particular VAI.COM  services, you and VAI.COM  shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the USER AGREEMENT / TERMS OF SERVICE .

2. Description of VAI.COM  Service

VAI.COM  currently provides users with access to a rich collection of resources, including, various communications tools, forums, and content (the “Service”). Unless explicitly stated otherwise, any  new features that augment or enhance the current Service, including the release of new VAI.COM  properties, shall be subject to the USER AGREEMENT / TERMS OF SERVICE . You understand and agree that the Service is provided “AS-IS” and that VAI.COM  assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, account information, or content.

3. Your Registration Obligations

In consideration of your use of the Service, you agree to:  (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VAI.COM  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VAI.COM  has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  It is also the sole responsibility of you, the user, to determine  whether any of the Services and/or Content (as defined in Section 6 below) are inappropriate for you and any other who may access VAI.COM  from web browsing apparatus under your control.

4. VAI.COM  Privacy Policy

This Privacy Policy covers VAI.COM’s treatment of personally identifiable information that VAI.COM collects  when you are on the VAI.COM site, and when you use VAI.COM’s services.  This policy does not apply to the practices of companies that VAI.COM does not own or control, or to people that VAI.COM does not employ or manage.

Information Collection and Use
VAI.COM collects personally identifiable information when you register for a VAI.COM account, when you use certain VAI.COM products or services, when you visit VAI.COM pages, and when you enter promotions or sweepstakes. When you register with VAI.COM,  we ask for your name, email address, and geographic location. Once you register with VAI.COM and sign in to our services, you are not anonymous to us.  VAI.COM also automatically receives and records information on our server logs from your browser including your IP address, VAI.COM cookie information and the page you requested.  VAI.COM uses information for two general purposes: to fulfill your requests for certain products and services (webpages), and to contact you about promotions and site changes.

Information Sharing and Disclosure
VAI.COM will not sell or rent your personally identifiable information to anyone.  VAI.COM may send personally identifiable information about you to other companies or people in response to  subpoenas, court orders or legal process, or we find that your actions  on our web sites violate the VAI.COM User Agreement .

Cookies
VAI.COM may set and access VAI.COM cookies on your computer. The exclusive purpose of these cookies is to maintain ‘state’, such as whether or not you are logged in to your account. No personally-identifiable information, aside from possibly your login name, is stored in these cookies. VAI.COM’s cookies and their contents are NOT available to other parties or websites.

Your Ability to Edit and Delete Your Account Information and Preferences
VAI.COM gives you the ability to edit your VAI.COM  Account Information and preferences at any time, including whether  you want VAI.COM to contact you about specials and new products.  You may request deletion of your VAI.COM account by visiting our Account Deletion page,  verifying your password once more and confirming your choice to terminate the account.

5. Member Account, Password and Security

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for  maintaining the confidentiality of the password and account, and are  fully responsible for all activities that occur under your password  or account. You agree to (a) immediately notify VAI.COM  of any  unauthorized use of your password or account or any other breach of  security, and (b) ensure that you exit from your account at the end  of each session. VAI.COM  cannot and will not be liable for any  loss or damage arising from your failure to comply with this Section 5.

6. 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 VAI.COM , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. VAI.COM  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 VAI.COM  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. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;  b. harm minors in any way;  c. impersonate any person or entity, including, but not limited to, a  VAI.COM  official, forum moderator, guide or host, or falsely state or  otherwise misrepresent your affiliation with a person or entity;  d. forge headers or otherwise manipulate identifiers in order to  disguise the origin of any Content transmitted through the Service;  e. upload, post, email, transmit or otherwise make available any  Content that you do not have a right to make available under any law  or under contractual relationships (such as inside  information, proprietary and confidential information learned or  disclosed as part of employment relationships or under  nondisclosure agreements);  f. upload, post, email, transmit or otherwise make available any  Content that infringes any patent, trademark, trade secret, copyright  or other proprietary rights (“Rights”) of any party;  g. upload, post, email, transmit or otherwise make available any  unsolicited or unauthorized advertising, promotional materials, “junk  mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form  of solicitation;  h. upload, post, email, transmit or otherwise make available any  material that contains software viruses or any other computer code,  files or programs designed to interrupt, destroy or limit the  functionality of any computer software or hardware or  telecommunications equipment;  i. disrupt the normal flow of dialogue, cause a screen to “scroll”  faster than other users of the Service are able to type, or otherwise  act in a manner that negatively affects other users’ ability to engage in realtime exchanges;  j. 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;  k. intentionally or unintentionally violate any applicable local, state, national or international law; l. “stalk” or otherwise harass another; or  m. collect or store personal data about other users.

You acknowledge that VAI.COM  does not pre-screen Content, but that VAI.COM  and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, VAI.COM  and its designees shall have the right to remove any Content that violates the USER AGREEMENT / TERMS OF SERVICE 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 VAI.COM  or submitted to VAI.COM , including without limitation information in VAI.COM  discussion forums, VAI.COM  chatroom, VAI.COM  events and news databases, and in all other parts of the Service.

You acknowledge and agree that VAI.COM  may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the USER AGREEMENT / TERMS OF SERVICE ; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VAI.COM , 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.

7. Considerations for International Use of Services

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.

8. Submitted Content

VAI.COM  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 VAI.COM  the following world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, photos, graphics, audio or video on the Service  solely for the purpose for which such Content, photos, graphics, audio or video was submitted or made  available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or VAI.COM  removes such Content from the Service.

9. Indemnity

You agree to indemnify and hold VAI.COM , and its subsidiaries, affiliates, officers, agents 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 USER AGREEMENT / TERMS OF SERVICE , or your violation of any rights of another.

10. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. General Practices Regarding Use and Storage

You acknowledge that VAI.COM  may establish general practices and  limits concerning use of the Service, including without limitation  the maximum number of days that email messages, message board  postings or other uploaded Content will be retained by the Service,  the maximum number of email messages that may be sent from or  received by an account on the Service, the maximum size of any email  message that may be sent from or received by an account on the  Service, the maximum disk space that will be allotted on VAI.COM ‘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 VAI.COM  has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that VAI.COM  reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VAI.COM  reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. Modifications to Service

VAI.COM  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 VAI.COM  shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Termination

You agree that VAI.COM , in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if VAI.COM  believes that you have violated or acted inconsistently with the letter or spirit of the USER AGREEMENT / TERMS OF SERVICE . VAI.COM  may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this USER AGREEMENT / TERMS OF SERVICE may be effected without prior notice, and acknowledge and agree that VAI.COM  may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that VAI.COM  shall not be liable to you or any third-party for any termination of your access to the Service.

14. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VAI.COM  has no control over such sites and resources, you acknowledge and agree that VAI.COM  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 VAI.COM  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.

15. VAI.COM ‘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 information  presented to you through the Service is protected by  copyrights, trademarks, service marks, patents or other proprietary  rights and laws. Except as expressly authorized by VAI.COM  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.

VAI.COM  grants you a personal, non-transferable and non-exclusive  right and license to use the object code of its Software to access the VAI.COM  Service. You agree not to access the  Service by any  means other than through the interface that is provided by VAI.COM   for use in accessing the Service.

16. 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. VAI.COM  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.  b. VAI.COM  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 VAI.COM  OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT / TERMS OF SERVICE .

17. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAI.COM  SHALL NOT BE LIABLE 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 VAI.COM  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.

18. Notice

Notices to you may be made via either email or regular mail. The  Service may also provide notices of changes to the USER AGREEMENT / TERMS OF SERVICE or other  matters by displaying notices or links to notices to you generally on  the Service.

19. Copyrights and Copyright Agents

VAI.COM  respects the intellectual property 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 VAI.COM ‘s Copyright Agent 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;
a 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 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.

VAI.COM ‘s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Contact .

20. General Information

The USER AGREEMENT / TERMS OF SERVICE constitute the entire agreement between you and VAI.COM  and govern your use of the Service, superceding any prior agreements  between you and VAI.COM . You also may be subject to additional terms and conditions that may apply when you use affiliate services,  third-party content or third-party software. The USER AGREEMENT / TERMS OF SERVICE and the  relationship between you and VAI.COM  shall be governed by the laws  of the State of California without regard to its conflict of law  provisions. You and VAI.COM  agree to submit to the personal and  exclusive jurisdiction of the courts located within the county of  Los Angeles, California. The failure of VAI.COM  to exercise or  enforce any right or provision of the USER AGREEMENT / TERMS OF SERVICE shall not constitute a  waiver of such right or provision. If any provision of the USER AGREEMENT / TERMS OF SERVICE 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 USER AGREEMENT / TERMS OF SERVICE remain in full force and effect. 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 USER AGREEMENT / TERMS OF SERVICE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the USER AGREEMENT / TERMS OF SERVICE are for convenience only and have no legal or contractual effect.

25. Violations

Please report any violations of the USER AGREEMENT / TERMS OF SERVICE here .

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