VANTO GROUP, INC. WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT (Effective 01/02/08)
Web Site License.
Limitations on Use.
The Content on this Web site is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or the Content, nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web site, except to the extent permitted above. You may not use or otherwise export or re-export this Web site or any portion thereof, the Content or any software available on or through this Web site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web site or its Content is prohibited.
By using this Web site, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use this Web site. Vanto may change the terms of this Agreement at any time. Your use of this Web site after such changes are posted will mean that you accept them.
Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2)(?DCMA?), Vanto has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Web site (the "Designated Agent"). All such notifications relating to this Web site must be submitted in a manner consistent with the DCMA to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Grant La Mora
Full Address of Designated Agent to Which Notification Should Be Sent:
c/o Vanto Group, Inc.
Office of the General Counsel
353 Sacramento Street
San Francisco, CA 94111
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent: email@example.com.
Intellectual Property Rights.
This Web site may contain links and pointers to other World Wide Web sites and resources. Links to and from the Web site to other Web sites maintained by third parties, do not constitute an endorsement by Vanto or any of its affiliates of any third party Web site or content. Vanto disclaims any responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site Administrator or Webmaster.
Linking to the Vanto Web site.
You may provide links only to the homepage of this Web site, provided that: (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage; (b) you give Vanto advance notice of such link by sending an email to firstname.lastname@example.org and (c) you discontinue providing links to this Web site if requested by Provider. If you wish to provide links to a section within this Web site, you should forward your request to Provider at: email@example.com and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.
You hereby agree to indemnify and hold Vanto and its shareholders, directors, officers, employees, agents and representatives (collectively, the "Vanto Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (a) your use of this Web site; or (b) any alleged breach of this Agreement by you.
Third Party Content.
Third party content may appear on this Web site or may be accessible via links from this Web site. Provider is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omission, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
Disclaimer of Warranties.
A. USE OF THIS WEB SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISKS OF INJURY FROM THE FOREGOING REST EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ALL INFORMATION OR OTHER SERVICES, WHETHER DIRECTLY OR INDIRECTLY PROVIDED, ARE ON AN ?AS IS? BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. WITHOUT IN ANY WAY LIMITING THE FOREGOING, Vanto DOES NOT WARRANT THAT: (1) THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEB SITE WILL BE CORRECTED; (3) THIS WEB SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEB SITE WILL BE ACCURATE OR RELIABLE.
Further Limitations on Liability.
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY Vanto OR ANY ACT OR FAILURE TO ACT BY Vanto OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THIS WEB SITE.
B. IN NO EVENT MAY Vanto BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY.
C. IN NO EVENT MAY Vanto, ITS VENDORS OR ANY Vanto ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Vanto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF Vanto IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF Vanto, ITS VENDORS AND ANY Vanto ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE IS $100.
This Agreement may be immediately terminated at any time by Vanto in its sole discretion. In addition, and without prejudice to any other remedy available, Vanto may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Vanto.
Vanto may change, suspend or discontinue any aspect of this Web site at any time, including the availability of any Web site feature, database, or content. Vanto may also impose limits on certain features and services or restrict your access to parts or the entire web site without notice or liability.
Choice of Law; Jurisdiction; Attorneys' Fees.
This Agreement will be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the City of San Francisco, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Vanto will be entitled to recover its court costs and reasonable attorneys? fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers? or sponsors? materials.
Errors and Corrections.
Provider does not represent or warrant that this Web site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through this Web site will be correct, accurate, timely or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
Remedies for Violations.
Transborder Hosting and Transfer of Information.
Vanto may transfer information collected on this Web site to Vanto Offices located throughout the world. This includes offices located within the European Union (EU), the European Economic Area (EEA) and elsewhere. This Web site may be viewed and hosted anywhere in the world, including in countries, such as the United States, that may not have the same or any laws regulating the use and transfer of personally-identifiable data. In using this Web site and submitting information on it, you voluntarily consent to such transborder transfer and hosting of such information.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Vanto in its sole discretion may amend this Agreement, and your use of this Web site after such amendment is posted on this Web site will constitute acceptance of it by you. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.