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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
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
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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.
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
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.
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
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 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.