Last updated as of: April 14, 2016
This website or application (“Website”) is owned or managed by Vector Media, LLC or its Affiliates (“Vector”). As used in the Agreement, the term “Affiliates” means, any other Person that directly or indirectly controls, is controlled by, or is under common control with Vector Media LLC. The term “control” (including, with correlative meanings, the terms “controlled by” and “under common control with”) as applied to any Person means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities or other ownership interest. The term “Person” means any individual, partnership, corporation, limited liability company, unincorporated organization or association, any trust, or any other business entity.
Certain products or services offered by this and/or other Vector Websites (each a "Vector Internet Service," and collectively "Vector Internet Services"), and certain areas within this and/or other Vector Websites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or Vector Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Vector Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY VECTOR WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY VECTOR WEBSITE MAY BE TERMINATED IMMEDIATELY IN VECTOR'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this Vector Website, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Vector Website (collectively, "Device"); and (d) you will access and use this Vector Website in accordance with this Agreement.
Some parts of this Vector Website may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Vector Website content.
If permitted or available through the applicable Vector Internet Service, to (a) upload content to this Vector Website via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Vector Website from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Vector makes the Vector Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Vector Internet Service, including, but not limited to, if this Vector Website contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Vector Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Vector's or this Vector Website's operations or the Vector Internet Service. Any equipment or software causing interference will be immediately disconnected from the Vector Internet Service and Vector will have the right to immediately terminate this Agreement. If any upgrade in or to the Vector Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Vector Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Vector Internet Service.
Changes to This Agreement
Vector reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Vector will provide notice of such change on this Vector Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this Vector Website and/or Vector Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Vector Website and/or the Vector Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
Vector has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by CLICKING HERE, and by using this Vector Website you agree to the terms of the Privacy Statement.
Accounts, Security, Passwords
If a particular Vector Website or Vector Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Vector immediately of any unauthorized use of your account. Vector is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Vector Internet Service.
User Code of Conduct
In accessing and using this Vector Website and/or the Vector Internet Services, you agree that you will not:
· Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
· Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Vector Website, or any postings which advocate illegal activity.
· Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
· Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
· Deliver, or provide links to, any postings containing defamatory, false or libelous material.
· Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
· Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
· Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
· Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
· Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
· Use this Vector service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Vector Website or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
· Attempt to gain unauthorized access to this Vector Website, any related website, other accounts, computer system, or networks connected to this Vector Website, through hacking, password mining, or any other means.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Vector Website, including harvesting or otherwise collecting information about others such as email addresses.
Except where otherwise provided, access to and use of this Vector Website and the Vector Internet Services offered through it are currently available without charge. Vector reserves the right to charge a fee for access to or use of this Vector Website, or any Vector Internet Service available on this Vector Website at any time in the future. Your access to or use of this Vector Website before such time does not entitle you to use of this Vector Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS VECTOR WEBSITE AND/OR VECTOR INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS VECTOR WEBSITE OR VECTOR INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. VECTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS VECTOR WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS VECTOR WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VECTOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. VECTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS VECTOR WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS VECTOR WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. VECTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS VECTOR WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
VECTOR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR VECTOR INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VECTOR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall Vector, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Vector Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this Vector Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this Vector Website or any information, software, products, services, and related graphics obtained through this Vector Website; (vi) any transactions entered into through this Vector Website; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this Vector Website or any Website to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Vector Website and Vector Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Vector has been advised of the possibility of damages.
You agree to indemnify and hold harmless Vector, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Vector Website and any related Vector Internet Service and/or software. You agree to cooperate fully with Vector in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
Modification/Termination by Vector
Vector reserves the right, in its sole discretion, to modify, suspend, or terminate this Vector Website and/or any portion thereof, including any Vector Internet Service, and/or your account, password, or use of any Vector Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a Vector Internet Service removes your authorization to use the Vector Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Vector shall not be liable to you or any third party for any termination of your access to a Vector Internet Service.
Software and Downloads Available Through This Website
Any software that is made available to access, use, view and/or download in connection with a Vector Website or Vector Internet Service ("Software"), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Vector and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Vector accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
International Use/U.S. Export Controls
Accessing materials on this Vector Website by certain persons in certain countries may not be lawful, and Vector makes no representation that materials on this Vector Website are appropriate or available for use in locations outside the United States. If you choose to access this Vector Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Vector Website. No software or any other materials associated with this Vector Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Vector Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
This Vector Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Vector. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Vector does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Vector will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Vector Internet Service.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
Vector may display advertisements for the goods and services of a third party on the Vector Websites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Vector does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this Vector Website.
You may be invited or asked to attend Vector-sponsored events or events held by other members and users of this Vector Website which are not in any way associated with Vector at various locations throughout the United States (collectively, "Events"). Your participation in any Events is at your own risk and you agree to release and hold Vector, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by Vector in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by Vector and we may use your or your minor children or wards' name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
Interactive Services and User Materials
This Vector Website may offer certain Vector Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, "Vector Interactive Services"). Additional Terms may cover Vector Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Vector Internet Services may change from time to time in Vector's sole discretion. You may participate in the Vector Interactive Service by completing the registration form where one is provided.
Vector does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Vector Website by you or other users (collectively, "User Materials"). Vector is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Vector reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Vector is not responsible or liable for damages of any kind arising from any User Materials even when Vector is advised of the possibility of such damages, or from Vector's alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to this Vector Website using your account. Any violation of these provisions can subject your Vector account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Vector will not infringe or violate the rights of any third party in any manner.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with this Vector Website and/or a Vector Interactive Service, whether solicited or unsolicited, you are granting Vector and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Vector also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this Vector Website are not necessarily those of Vector or its content providers, advertisers, sponsors, affiliated or related entities, and Vector makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. Vector does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and Vector has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this Vector Website is "public," and in addition to the license granted to Vector, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this Vector Website which violates these Terms, please contact us at firstname.lastname@example.org. Please provide as much detail as possible, including a copy of the underlying material, the location where Vector may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Vector will only remove User Materials if Vector believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled "Copyright Infringement."
Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this Vector Website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this Vector Website, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that Vector, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this Vector Website and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Vector with respect to the use of this Vector Website and shall not be modified except in writing, signed by an authorized representative of Vector.
Use of Intellectual Property
The Vector Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Vector logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Vector or by other parties that have provided rights thereto to Vector.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Vector Website, in whole or in part, without the express written permission of Vector.
Other trademarks, service marks, product names and company names or logos appearing on this Vector Website that are not owned by Vector may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Vector Website, or frame this Vector Website, or any web page or material herein, nor may any entity include a link to any aspect of this Vector Website in an email for commercial purposes, without the express written permission of Vector. Further, unless otherwise expressly permitted, you agree not to link to Vector's Intellectual Property so as to cause you or anyone else to access Vector's Intellectual Property other than through this Vector Website.
Vector respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Vector Website, you are granting permission to have this material posted on this Vector Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Vector reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Vector may have under law or contract.