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

 

2. ProtectedMaterial.  This site and all of thematerial 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 thecopyright owner. Vir-Con, and the 3D Virtual Convention and related marks aretrademarks of virtual-conventions, llc. STAR TREK and related marks aretrademarks 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 ISPROHIBITED.  As a user of the WebSite, you agree not to use the Material for any unlawful purposes and not toviolate VCLLC’s rights or the rights of others.  VCLLC may add, change, discontinue, remove or suspend any ofthe Material at any time, without notice and without liability. 

 

3. Single Copy License. TheWeb Site is only for your personal use. You may not sell or exchange anythingyou copy from The Web Site or use it for any business or commercialpurpose.  All of the Materials onthis Site are copyrighted and any unauthorized use of the Materials may violatecopyright, trademark, and other laws. You may download one copy of theMaterials on a single computer for your personal, noncommercial internal useonly. You may not: (i) modify the Materials or use them for any commercialpurpose, or any public display, performance, sale or rental; (ii) remove anycopyright or other proprietary notices from the Materials; or (iii) transferthe Materials to another person. You agree to prevent any unauthorized copyingof the Materials. This is a license, not a transfer of title.  Any reproduction or redistribution ofthese Materials not in accordance with this license is prohibited by law, andmay 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 softwarethat is made available to download from this Web site ("Software") isthe copyrighted work of VCLLC and/or its suppliers. Use of the Software isgoverned by the terms of the end-user license agreement, if any, whichaccompanies or is included with the Software ("License Agreement").You agree that you will not install or use any Software that is accompanied byor includes a License Agreement unless you first agree to the License Agreementterms. For any Software not accompanied by a license agreement, the followingshall constitute the License Agreement: VCLLC hereby grants to you, the user, apersonal, non-transferable license to use the Software for viewing and otheruse of this Web site in accordance with these terms of use, and for no otherpurpose. Please note that all Software, including, without limitation, all HTMLcode contained in this Web site, is owned by VCLLC and/or its suppliers and isprotected by copyright laws and international treaty provisions. Any reproductionor redistribution of the Software is expressly prohibited by law, and mayresult in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.

b.   WITHOUTLIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHERSERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLYPROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMSOF THE LICENSE AGREEMENT.  EXCEPTAS WARRANTED IN THE LICENSE AGREEMENT, VCLLC HEREBY DISCLAIMS ALL WARRANTIESAND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIESAND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-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 anyentity or person, including, but not limited to, violating anyone's copyrightsor trademarks or their right of publicity;

c.   Violates any law;

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

e.   Advocates illegal activity or activity that would giverise 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, orotherwise solicits funds or is a solicitation for goods or services.

 

6. Rules of Conduct andTerms for Virtual Reality Experience. Because the purpose of Vir-Con is theharmonious interchange of ideas and information between community members andbetween communities, certain guidelines of behavior need to be followed.  Without limiting the provisions setforth above, by entering Vir-Con you agree to the following behavioral rulesfor 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 userbehavior contrary to that which is described herein, should choose to ignoreand thus not see their communication, refuse all private messages requests,create a private room into which they cannot enter or contact a SecurityOfficer who will warn the offender and take the appropriate action if theinappropriate activity continues.  

 

7. Notice to Copyright Agent.  VCLLC respects the intellectualproperty of others and we ask our users to do the same.  In accordance with the DigitalMillennium Copyright Act, VCLLC has designated a Copyright Agent to receivenotice of claims of copyright infringement on the Web Site.  VCLLC's Copyright Agent is the OutsideGeneral Counsel.  The OutsideGeneral Counsel may be reached by email at ogc@whycom.com.  If you believe that your work has beencopied in a way that constitutes copyright infringement, please promptlyprovide VCLLC 's Copyright Agent the following information:

 

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

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

c.   A description of where the material that you claim isinfringing 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 beliefthat the disputed use is not authorized by the copyright owner, its agent orthe law;

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

 

8. Purchases of Servicesor Products on the Web Site.

 

a.    Fee for Special Content,Vir-Con Participation, Enhancements, etc. Some contents and/or services on theWeb Site may be offered to you on a fee basis. If you elect to purchasefee-based content and/or services and transmit to VCLLC a purchase request, youwarrant that your use of the particular credit card is authorized and that allinformation that you submit is true and accurate (including, withoutlimitation, your credit card number and expiration date), and you agree to payall fees you incur. Any account name and password supplied to you in connectionwith fee-based content and/or service you purchase is personal to you and themembers of your household, and you may not transfer or make available youraccount name and password to others, including, without limitation, yourco-workers. Any distribution by you of such account name and password mayresult in cancellation of the fee-based content and/or service without refundand in additional charges based on unauthorized use. You understand that theVir-Con and system specifications necessary to participate in Vir-Con, maycontinuously evolve over time. Accordingly, VCLLC reserves the right to modifyand/or increase the system specifications necessary to participate in theVir-Con.

b.    Purchase ofProducts.  Inorder to offer you a wide variety of purchase opportunities,we have invited independent sellers to offer you Star Trek™merchandise.  Each seller and themanufacturer of the goods offered by that seller,are solely responsible for the quality and integrity of the goods. Variousproducts are available for purchase on the Web Site.  All of these products are offered by third partymanufacturers and distributors. When you make a purchase, you are entering into a purchase agreementwith that third party, and you hereby expressly agree that VCLLC is not a partyto that purchase.  With respect toall such products purchased on the Website, only the manufacturer’swarranties apply.  VCLLC makes norepresentations and provides no warranties for products sold via the WebSite.  All customer servicerequired in connection with the purchase of such products on the Web Site willbe handled by the manufacturer and/or distributor of the specific product(s)that you purchase, and VCLLC does not offer any customer service in connectionwith those products.  Withoutlimiting the foregoing, if you have an opinion about your experience with anymanufacturer and/or distributor in connection with products offered on the WebSite please see our Customer Service section of the Web Site, and wewill consider that information in determining what manufacturers anddistributors may sell products on the Web Site.

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

d.    Refunds. Your choice ofofferings is final.  No refundswill be granted based on differing expectations, language or otherwise, for theofferings you choose.  No refundsor credits will be issued in connection with the admission, upgrades,enhancements and other services relating to participation in the Vir-Conitself, but not in reference to the purchase of specific tangible products fromthird parties exhibiting or selling at the Vir-Con and/or on the Web Site. Noreturns will be accepted by VCLLC of third party products. However, the productwarranties and return policies issued by the manufacturer apply, and customersshould contact manufacturer directly. Products that are damaged in shippingshould be returned to the manufacturer only [double check].

e.    Customer Service. For acomplete statement of the policies and practices of VCLLC in connection withthe sale, purchase, delivery and use of products and services purchased on orthrough the Web Site, please see our Customer Service section of the Web Site.

 

9.  Memberships and Registration.

a.     Membership/RegistrationRequired in Certain Areas.  Certainareas and/or services offered via the Web Site, such as participation in theVir-Con, may require registration or may otherwise ask you to provide informationto participate in certain features or access certain content.  The decision to provide thisinformation is purely optional; however, if you elect not to provide suchinformation, you may not be able to access certain content or features orparticipate in various areas and/or services offered via the Web Site.  When you register or become a member ofthe Web Site or provide information to the Web Site in any other manner, youagree 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 toaccept responsibility for all activities that occur under your account orpassword, and agree you will not sell, transfer or assign your membership orany membership rights.  You areresponsible for maintaining the confidentiality of your password and forrestricting access to your computer so that others may not access the passwordprotected portion of the Web Site using your name in whole or in part. The WebSite reserves the right to terminate membership and deny access to the Web Siteto any person who violates these Terms.

 

10. Disclaimers.

a.   THE WEB SITE AND THE VIR-CON ARE OFFERED“AS-IS” ONLY.  THIS WEBSITE, AND ALL MATERIALS CONTAINED ON IT (INCLUDING WITHOUT LIMITATION THEVIR-CON) ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENTOR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISEIN 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 OFTRANSMISSION, INCLUDING WITHOUT LIMITATION OF ANY DIAL-UP AND/OR BROADBANDTRANSMISSIONS.  VCLLC, AS WELL ASPARAMOUNT PICTURES CORPORATION AND ANY OF THEIR PARENT, SUBSIDIARIES ANDAFFILIATED COMPANIES AND THEIR AGENTS AND ASSIGNEES, AS APPLICABLE(COLLECTIVELY, THE "AFFILIATES") ARE NOT RESPONSIBLE OR LIABLE FORANY INFECTIONS, CONTAMINATION OF OR HARMFUL EFFECTS TO YOUR SYSTEM OR DELAYS,INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITHRESPECT TO THE MATERIAL. 

b.   No Assurance of Security or Privacy.  In addition, Internet transmissions arenever completely secure or private. You understand that any message or material you send to this Web Sitemay be read or intercepted by others. VCLLC and the Affiliates are not responsible for any resulting damage toany 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 orany other technical or other malfunction. You should also be aware that e-mail submissions over the Internet maynot be secure, and you should consider this before e-mailing the Web Site orVCLLC any personal or confidential information.  VCLLC and the Affiliates make no representation or warrantywhatsoever regarding the suitability, functionality, availability or operationof this Web Site.  This Web Sitemay be temporarily unavailable due to maintenance or malfunction of computer equipment.

c.   Web Site for Entertainment Only. Additionally, the WebSite contains Material that is for entertainment purposes only and is not adepiction 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 ororganizations.  The Web Site doesnot 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 orinvestment advice or advocate the purchase or sale of any security orinvestment.

d.   Chat Rooms. VCLLC is not responsible for any material posted on the Chat Rooms.  VCLLC is not responsible or liable toany person or entity (including, but not limited to, persons who may use orrely on such material) for any loss, damage (whether actual, consequential,punitive or otherwise), injury, claim, liability or other cause of any kind orcharacter based upon or resulting from any material provided through this WebSite. VCLLC does not and cannot review every message posted by users in theChat Rooms, and is not responsible for the content of these messages.  VCLLC reserves the right to, but is notobligated to, delete, move, edit or disclose the contents of messages that it,in its sole discretion contains Non-Approved Material or is otherwiseunacceptable.  In addition, VCLLCmay delete, move, edit or disclose the contents of messages when it is requiredto do so by law or in a good faith belief that such action is necessary toprotect and defend the rights and property of VCLLC or to protect the safety orour users or the public.  Please beaware that certain message boards and similar user forums may disclose a user'sIP address along with the user's name and message.  To protect your safety, please use your best judgment whenusing these Chat Rooms, and consider carefully whether you want to disclose anyinformation 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 MBRAM; Computer Preferred: P266 with 32 MB RAM and 3D accelerator card;and Internet Connectivity: DSL, Cable Modem, T1 or LAN.

 

11. LIMITATION ONLIABLILITY. 

a.   THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY,COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY MATERIAL RESTS WITHYOU.  VCLLC AND THE AFFILIATESSHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE ORCONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USETHE MATERIAL, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VCLLCOR THE AFFILIATES OR ANYONE ELSE, OR EVEN WHEN VCLLC, THE AFFILIATES OR ANAUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.  NOTWITHSTANDING THEFOREGOING, IN NO EVENT SHALL VCLLC'S OR THE AFFILIATES' TOTAL LIABILITY TO YOUFOR 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 THELIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THEDISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU.

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

 

12. INDEMNIFICATION.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLDHARMLESS VCLLC AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY ANDCOSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY VCLLC INCONNECTION WITH ANY CLAIM ARISING OUT OF: ANY BREACH OF THESE TERMS OF USE ORTHE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN; A CLAIM BY ATHIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THEMATERIAL IN VIOLATION OF THESE TERMS; AND/OR INFORMATION OR MATERIAL POSTED ORTRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTEDBY YOU.  YOU WILL COOPERATE ASFULLY 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 DEFENSEAND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOUSHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF VCLLC.

 

13. Submissions Policy.

a.   Uploading content. If you upload any material, whetherit 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, publishand display your material on The Web Site, without royalty or compensation ofany kind, (ii) expressly waive any and all rights of privacy, moral rights orrights of attribution and integrity, in and with respect to the material, (iii)promise that the material or that duplication and distribution of the materialwill not violate any right of or require any compensation to any person orentity, (iv) promise that you are the copyright owner of the materialscomprising the submission or have all rights necessary to authorize itsunfettered use and distribution and (v) promise that you are eighteen years ofage or older.  You understand that,once your material is posted, anyone can download and/or distribute thatmaterial. You expressly waive any and all claims you may have against VCLLC andrelease VCLLC from any and all liability arising from or related to the submissionand VCLLC's or any third party's use of the material.

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

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

 

14. Linking Policy andLinked Websites.

a.   Limitations on Links to the Web Site.  You agree that you will not link to theWeb Site from any source that is unlawful, abusive, indecent or obscene, thatpromotes violence or illegal acts, that contains expressions of racism, that islibelous, defamatory, scandalous, or inflammatory or is otherwiseinappropriate.  If you do link tothe 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 contentin any way.  VCLLC reserves theright, in its sole discretion, to terminate a link with any Web site for anyreason.

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

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

 

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

 

16.  Limitation on Export andRe-Export.  No software from theWeb Site may be downloaded, exported or re-exported (i) into (or to a nationalor 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 DesignatedNations or the U.S. Commerce Department's Table of Deny Orders. 

 

17. Violation of theseTerms.  Any violation of theseTerms, as determined in VCLLC’s sole discretion may result inrestrictions on or termination of your access to all or part of the Web Siteand 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.