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Copyright and Disclaimer Information PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEB SITE. VGLN.com provides all information and services on this web site (the “Web Site”) subject to the terms and conditions (the “Agreement”) set forth herein. By accessing or using VGLN.com's (VGLN.com) Web Site, you expressly agree to be bound by this Agreement and the disclaimer set forth above. If you are not willing to be bound by this Agreement, you may not access or use the Web Site. VGLN.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the services shall be deemed your conclusive acceptance of the modified Agreement. 1. Copyright. The entire contents of the Web Site are copyrighted as a collective work under the United States and other copyright laws. VGLN.com holds the copyright in the collective work. The collective work includes works that are licensed to VGLN.com. Copyright 1999, 2000, 2001, 2002, 2003, 2004 VGLN.com. ALL RIGHTS RESERVED. The collective work may also include works that are the property of VGLN.com licensors, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Web Site solely for your own non-commercial use. Any redistribution, retransmission, or publication of any material is strictly prohibited without the express written consent of the copyright owner. You further agree not to modify or delete any proprietary notices from materials downloaded from the Service. 2. Trademarks. All trademarks, service marks, logos, trade names, and any other proprietary designations of VGLN.com used herein are trademarks or registered trademarks of VGLN.com. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. 3. License and Idea Submission. You agree to grant to VGLN.com a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Web Site (such as bulletin boards, guest book, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against VGLN.com for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. 4. Use of Service. Harassment in any manner or form on the Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a VGLN.com or other licensed employee, host, or representative as well as other members or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or solicit others to join or become members of any other commercial online service or other organization. 5. Review. VGLN.com does not and cannot review all communications or materials posted or uploaded to the service and is therefore not responsible for the content of these communications or materials. You acknowledge that by providing you with the ability to distribute your content on the Web Site, VGLN.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Web Site, including the chat room. However, VGLN.com reserves the right to block or remove communications or materials at any time and without notice, including Product listings for auctions, that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to VGLN.com at its sole discretion. Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction. 6. Disclaimer. THIS WEB SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THIS WEB SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VGLN.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VGLN.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VGLN.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 7. Limitation of Liability. VGLN.com SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS WEB SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF VGLN.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VGLN.com MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND THAT THE WEB SITE OR THE SERVER ON WHICH THE WEB SITE RESIDES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VGLN.com WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. Indemnification. You agree to indemnify, defend, and hold harmless VGLN.com, its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web Site using your Internet account. 9. Term; Termination. This Agreement shall commence upon your accessing the Web Site. This Agreement may be terminated by VGLN.com without notice at any time for any reason and may be terminated by you upon notice to VGLN.com at any time for any reason. The provisions of Sections 1 (Copyright), 2 (Trademarks), 6 (Disclaimer), 7 (Limitation of Liability), 8 (Indemnification) and 10 (Miscellaneous) shall survive any termination of this Agreement. 10. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of this Web Sites, or the services or products provided through this Web Sites, any such dispute shall be decided by binding arbitration under the rules of the American Arbitration Association in Los Angeles, California. The decision of the arbitrators shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises. VGLN.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. VGLN.com may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by VGLN.com contrary to those set forth above. VGLN.com may deliver notice to each user by means of electronic mail, a general notice on the web site, or by written communication delivered by first class U.S. mail to such User’s address on record in VGLN.com records. 11. Rights You Grant to the VGLN.com Sites A). Distributing Content You Produce. Subject to VGLN.com Privacy Policy, you are licensing to the VGLN.com Sites and our third party service providers any "content" you provide through or to the VGLN.com Sites and the service they offer. The VGLN.com Sites may modify, display, distribute and create new material using such content on VGLN.com's Sites for the promotion and marketing of our services and the operation of our system. Notwithstanding this license, VGLN.com will take reasonable precautions to help you to keep your email and voicemail messages private. By submitting content, you automatically agree, or promise, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, the VGLN.com Sites and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. B). VGLN.com Advertising. The VGLN.com Sites rely on advertisers to help fund the services that we offer to our members. In order to continue our free service, you agree that the VGLN.com Sites may display advertisements and promotions of all kinds in and with the services. C). Account Access. In order to ensure that the VGLN.com Sites are able to provide high-quality services that are responsive to members' needs, you agree that VGLN.com employees have access to your account and records as reasonably needed to investigate complaints. 6. 12. Other Legal Stuff A). Disclaimer of Warranties. You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. VGLN.com and its third party service providers expressly disclaim 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. VGLN.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, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the VGLN.com Sites, our third party service providers, or through or from the Service will create any warranty not expressly stated in the terms. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it. B). No Endorsement of Member Content. You acknowledge and agree that the VGLN.com Sites do not endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the VGLN.com Sites do not pre-screen all content, but that the VGLN.com Sites and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service. C). More Stuff. The VGLN.com Sites provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The VGLN.com Sites do not endorse any of the treatments, medications, or products discussed herein. VGLN.com’s rights under this Agreement may not be waived unless VGLN.com agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with VGLN.com's prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void. All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and the VGLN.com sites about the services. The parties have agreed that this Agreement shall be written in English. Direct Questions or Notices to: VGLN.com, Inc. Attn: User Agreement Mail 316 Nancy Lane. Vacaville, CA 95687 Or comments@VGLN.com *Be sure to include the specific VGLN.com network to which you are a member. IF YOUR INTERNET ACCESS DEVICE PERMITS YOU TO DO SO, PLEASE PRINT OR DOWNLOAD A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS. All original content in this site, including graphics and text are Copyright of the respective VGLN.com staff. You may NOT copy any material from this site without prior permission from the owners. You may NOT copy the layout of this site and pass it on as your own. You may NOT make a copy of any pages on this site and then make slight alterations to the pages and pass off as your own. You may NOT break any of these rules to be funny. Be warned.
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