Vir-Con TERMS OF USE

 

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this Web Site. This web site ("Web Site") is operated by virtual-conventions, llc ("VCLLC" or "we" or "us").  Please also review the terms of our Privacy Policy.

 

1. Changes to the Terms or the Site. VCLLC reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time.  Please check these Terms of Use periodically for changes. By using this Web Site after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.  These Terms were last updated on March 1, 2002.

 

2. Protected Material.  This site and all of the material on this site, including without limitation all graphics, text, software, object code and source code (collectively, “Materials” ) is © 2002 virtual-conventions LLC or is licensed to Vir-Con by the copyright owner. Vir-Con, and the 3D Virtual Convention and related marks are trademarks of virtual-conventions, llc. STAR TREK and related marks are trademarks of Paramount Pictures Corporation.  You may not UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS PROHIBITED.  As a user of the Web Site, you agree not to use the Material for any unlawful purposes and not to violate VCLLC’s rights or the rights of others.  VCLLC may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. 

 

3. Single Copy License. The Web Site is only for your personal use. You may not sell or exchange anything you copy from The Web Site or use it for any business or commercial purpose.  All of the Materials on this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may download one copy of the Materials on a single computer for your personal, noncommercial internal use only. You may not: (i) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (ii) remove any copyright or other proprietary notices from the Materials; or (iii) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials. This is a license, not a transfer of title.  Any reproduction or redistribution of these Materials not in accordance with this license is prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the full extent of the law.

4. Software Available on this Web Site.

a.   Any software that is made available to download from this Web site ("Software") is the copyrighted work of VCLLC and/or its suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You agree that you will not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: VCLLC hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and other use of this Web site in accordance with these terms of use, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained in this Web site, is owned by VCLLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.

b.   WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VCLLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

5.  Prohibited Conduct.  You shall not post, send, upload, transmit, distribute or otherwise publish, through Bulletin Boards, Chat Rooms, or other forums conducted on this Web Site ("Forums"), or otherwise, any content that:

a.   Libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, or threatening;

b.   Infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right of publicity;

c.   Violates any law;

d.   Violates or infringes upon the rights of VCLLC, its users or the public, including material which is an invasion of privacy or publicity rights;

e.   Advocates illegal activity or activity that would give rise to civil liability;

f.   Solicits gambling or engages in any gambling activity;

g.   Interferes with anyone else's use of this Web Site;

h.   Contains a virus or other harmful component; or

i.   Advertises, engages in any commercial endeavor, or otherwise solicits funds or is a solicitation for goods or services.

 

6. Rules of Conduct and Terms for Virtual Reality Experience. Because the purpose of Vir-Con is the harmonious interchange of ideas and information between community members and between communities, certain guidelines of behavior need to be followed.  Without limiting the provisions set forth above, by entering Vir-Con you agree to the following behavioral rules for participating in Vir-Con:

 

  1. In communicating to others in Vir-Con follow customary manners as you would in real life.  In other words don't insult other members, don't make statements that are grossly offensive including blatant expressions of bigotry, racism, hatred, or profanity and don't indulge in abusive or harassing behavior or personal attacks.  This includes not indulging in racial, ethnic, sexual, or religious slurs, disruptive behavior of any kind or making lewd comments.
  2. Vir-Con includes a set of rooms where people are not discriminated against on the basis of personal beliefs, sex, age or race and a place where people are not attacked for these things.  One intention of Vir-Con is to provide an oasis for rationality, pleasant discourse and harmony rather than tirades and insults against those who disagree with your views.
  3. The public meeting places are not sex-chat spaces.  This means that you must not engage in sexual activities or sexually explicit chat that would generally be considered offensive or inappropriate in a public place.  What you do in the public spaces is everybody's business and appropriate actions will be taken to prevent violations.  These actions include gagging offenders, removing them from the community for a certain period of time and, in extreme cases, exiling them forever.
  4. You may not promote or provide instructional information about illegal activities, or promote physical or mental harm or injury against any group or individual.  You also may not indulge in activities that infringe upon anyone else's copyright(s).
  5. Due to legal requirements Vir-Con does not monitor these meeting places, but the community itself, in the interests of fostering positive community spirit, has decided what it will and won't accept in these spaces and various Security Personnel do check on the spaces from time to time. We do not wish to be forced into using filters by the foolish and thoughtless actions of the minority.
  6. Members can be held legally liable for the contents of their speech, and may be held legally accountable if their speech includes, for example, defamatory comments.
  7. In building your dwellings in Vir-Con, the above rules also apply. In other words you cannot furnish your spaces with textures, texts, objects or images that would be considered offensive, illegal, pornographic, racist or that violate copyrights.
  8. Your uploaded files and your participation in conferences and chats, are subject to review, modification and deletion without notice by community officials or others responsible for community activities.
  9. Excessive shouting (use of all caps) or flooding (continuous posting of repetitive text) in the Chat areas is prohibited.
  10. Impersonation of Vir-Con representatives or staff members is prohibited. False representation of you as a Vir-Con staff can result in immediate termination of your Vir-Con account.

 

If you encounter user behavior contrary to that which is described herein, should choose to ignore and thus not see their communication, refuse all private messages requests, create a private room into which they cannot enter or contact a Security Officer who will warn the offender and take the appropriate action if the inappropriate activity continues.  

 

7. Notice to Copyright Agent.  VCLLC respects the intellectual property of others and we ask our users to do the same.  In accordance with the Digital Millennium Copyright Act, VCLLC has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site.  VCLLC's Copyright Agent is the Outside General Counsel.  The Outside General Counsel may be reached by email at ogc@whycom.com.  If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide VCLLC 's Copyright Agent the following information:

 

a.   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b.   A description of the copyrighted work that you claim has been infringed;

c.   A description of where the material that you claim is infringing is located on the Web Site;

d.   Your address, telephone number and email address;

e.   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;

f.   A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

 

8. Purchases of Services or Products on the Web Site.

 

a.     Fee for Special Content, Vir-Con Participation, Enhancements, etc. Some contents and/or services on the Web Site may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit to VCLLC a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use. You understand that the Vir-Con and system specifications necessary to participate in Vir-Con, may continuously evolve over time. Accordingly, VCLLC reserves the right to modify and/or increase the system specifications necessary to participate in the Vir-Con.

b.     Purchase of Products.  In order to offer you a wide variety of purchase opportunities, we have invited independent sellers to offer you Star Trek™ merchandise.  Each seller and the manufacturer of the goods offered by that seller, are solely responsible for the quality and integrity of the goods. Various products are available for purchase on the Web Site.  All of these products are offered by third party manufacturers and distributors.  When you make a purchase, you are entering into a purchase agreement with that third party, and you hereby expressly agree that VCLLC is not a party to that purchase.  With respect to all such products purchased on the Website, only the manufacturer’s warranties apply.  VCLLC makes no representations and provides no warranties for products sold via the Web Site.  All customer service required in connection with the purchase of such products on the Web Site will be handled by the manufacturer and/or distributor of the specific product(s) that you purchase, and VCLLC does not offer any customer service in connection with those products.  Without limiting the foregoing, if you have an opinion about your experience with any manufacturer and/or distributor in connection with products offered on the Web Site please see our Customer Service section of the Web Site, and we will consider that information in determining what manufacturers and distributors may sell products on the Web Site.

c.     Order Cancellation. In the event any products, merchandise and/or services are sold on the Web Site and any such products, merchandise and/or services are listed on the Web Site at an incorrect price or with other incorrect information, VCLLC shall have the right to refuse or cancel any orders placed for such products, merchandise and/or services and VCLLC is hereby released from any and all liability related to the same.  VCLLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged.

d.     Refunds. Your choice of offerings is final.  No refunds will be granted based on differing expectations, language or otherwise, for the offerings you choose.  No refunds or credits will be issued in connection with the admission, upgrades, enhancements and other services relating to participation in the Vir-Con itself, but not in reference to the purchase of specific tangible products from third parties exhibiting or selling at the Vir-Con and/or on the Web Site. No returns will be accepted by VCLLC of third party products. However, the product warranties and return policies issued by the manufacturer apply, and customers should contact manufacturer directly. Products that are damaged in shipping should be returned to the manufacturer only [double check].

e.     Customer Service. For a complete statement of the policies and practices of VCLLC in connection with the sale, purchase, delivery and use of products and services purchased on or through the Web Site, please see our Customer Service section of the Web Site.

 

9.  Memberships and Registration.

a.      Membership/Registration Required in Certain Areas.  Certain areas and/or services offered via the Web Site, such as participation in the Vir-Con, may require registration or may otherwise ask you to provide information to participate in certain features or access certain content.  The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Web Site.  When you register or become a member of the Web Site or provide information to the Web Site in any other manner, you agree to provide only true, accurate, current and complete information.

b.      Membership Obligations. If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights.  You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Web Site reserves the right to terminate membership and deny access to the Web Site to any person who violates these Terms.

 

10. Disclaimers.

a.   THE WEB SITE AND THE VIR-CON ARE OFFERED “AS-IS” ONLY.  THIS WEB SITE, AND ALL MATERIALS CONTAINED ON IT (INCLUDING WITHOUT LIMITATION THE VIR-CON) ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FORM A COURSE OF DEALING OR USAGE OF TRADE.  VCLLC DOES NOT WARRANT OR REPRESENT THAT THE WEB SITE (INCLUDING WITHOUT LIMITATION THE VIR-CON) WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT VCLLS IS NOT RESPONSIBLE FOR THE QUALITY OF TRANSMISSION, INCLUDING WITHOUT LIMITATION OF ANY DIAL-UP AND/OR BROADBAND TRANSMISSIONS.  VCLLC, AS WELL AS PARAMOUNT PICTURES CORPORATION AND ANY OF THEIR PARENT, SUBSIDIARIES AND AFFILIATED COMPANIES AND THEIR AGENTS AND ASSIGNEES, AS APPLICABLE (COLLECTIVELY, THE "AFFILIATES") ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, CONTAMINATION OF OR HARMFUL EFFECTS TO YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL. 

b.   No Assurance of Security or Privacy.  In addition, Internet transmissions are never completely secure or private.  You understand that any message or material you send to this Web Site may be read or intercepted by others.  VCLLC and the Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.  You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site or VCLLC any personal or confidential information.  VCLLC and the Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site.  This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

c.   Web Site for Entertainment Only. Additionally, the Web Site contains Material that is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you.  Other than for entertainment purposes, you acknowledge and agree not to rely on such Material.  The Web Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations.  The Web Site does not represent or endorse the accuracy, or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Web Site.  You acknowledge that VCLLC does not give tax, legal or investment advice or advocate the purchase or sale of any security or investment.

d.   Chat Rooms.  VCLLC is not responsible for any material posted on the Chat Rooms.  VCLLC is not responsible or liable to any person or entity (including, but not limited to, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site. VCLLC does not and cannot review every message posted by users in the Chat Rooms, and is not responsible for the content of these messages.  VCLLC reserves the right to, but is not obligated to, delete, move, edit or disclose the contents of messages that it, in its sole discretion contains Non-Approved Material or is otherwise unacceptable.  In addition, VCLLC may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of VCLLC or to protect the safety or our users or the public.  Please be aware that certain message boards and similar user forums may disclose a user's IP address along with the user's name and message.  To protect your safety, please use your best judgment when using these Chat Rooms, and consider carefully whether you want to disclose any information that can be used to identify or locate you.

e.   Web site and 3D Worlds Minimum Specifications.  Broswer: Netscape Navigator 3.0 - 4.75 or Microsoft Internet Explorer 4.0 - 5.5; Operating System: Windows 95, 98, NT (4.0 only), Me and 2000; Minimum Computer: P100 with 16 MB RAM; Computer Preferred: P266 with 32 MB RAM and 3D accelerator card; and Internet Connectivity: DSL, Cable Modem, T1 or LAN.

 

11. LIMITATION ON LIABLILITY. 

a.   THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.  VCLLC AND THE AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MATERIAL, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VCLLC OR THE AFFILIATES OR ANYONE ELSE, OR EVEN WHEN VCLLC, THE AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL VCLLC'S OR THE AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED $100.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU.

b.   BY ACCESSING THIS WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT you HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

12. INDEMNIFICATION.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VCLLC AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY VCLLC IN CONNECTION WITH ANY CLAIM ARISING OUT OF: ANY BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN; A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS; AND/OR INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU.  YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN VCLLC'S OR THE AFFILIATES DEFENSE OF ANY CLAIM. VCLLC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF VCLLC.

 

13. Submissions Policy.

a.   Uploading content. If you upload any material, whether it is in text, photographic, or other form to or through any VCLLC Feature (chat room, bulletin board, email or otherwise), you (i) grant to ("VCLLC") the non-exclusive, worldwide right to use, post, publish and display your material on The Web Site, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the material, (iii) promise that the material or that duplication and distribution of the material will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the materials comprising the submission or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen years of age or older.  You understand that, once your material is posted, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against VCLLC and release VCLLC from any and all liability arising from or related to the submission and VCLLC's or any third party's use of the material.

b.   Although we welcome your comments, VCLLC does not accept unsolicited submissions for websites and productions.  In no event will VCLLC accept any submissions for Paramount Pictures.  Therefore, please do not make any such unsolicited submissions to VCLLC or the Affiliates through this Web Site or otherwise, including, but not limited to, story ideas, character ideas, plot suggestions, set or costume designs, or scripts.  Any submissions that you make to the Web Site, will be treated as set forth in the paragraph immediately above.  Subject only to our Privacy Policy, none of the information you submit to the Web Site shall be subject to any obligation of confidence on the part of VCLLC and we will not be liable for any use or disclosure.

c.   You agree and understand that VCLLC and the Affiliates are not obligated to use your submission and you have no rights to compel such use.

 

14. Linking Policy and Linked Websites.

a.   Limitations on Links to the Web Site.  You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate.  If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or sub-domain of the Web Site. Under no circumstances may you "frame" this Web Site or alter its intellectual property or content in any way.  VCLLC reserves the right, in its sole discretion, to terminate a link with any Web site for any reason.

b.   VCLLC is not necessarily affiliated with web sites that may be linked to this Web Site and is not responsible for their content.  Such web sites are for your convenience only and you access them at your own risk.  A link from this Web Site to any other web site does not mean that VCLLC or the Affiliates approve of, endorse or recommend the web site.

c.   VCLLC AND THE AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON OTHER WEB SITES THAT LINK TO OR FROM THE WEB SITE.  VCLLC AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.

 

15. Location.  Access to this Site is void where prohibited or restricted by applicable law. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable any action you bring relating in any way these Terms of Use or any matters related to this Web Site shall be brought in either the State or Federal Courts located in Los Angeles County, California and you expressly consent to the jurisdiction of said courts.  If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises, otherwise the cause shall be forever barred.

 

16.  Limitation on Export and Re-Export.  No software from the Web Site may be downloaded, exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. 

 

17. Violation of these Terms.  Any violation of these Terms, as determined in VCLLC’s sole discretion may result in restrictions on or termination of your access to all or part of the Web Site and may be referred to law enforcement authorities. 

 

CONTACT US: For questions or comments regarding these Terms and/or the Web Site please send an email to termsofuse@vir-con.net.