Terms of ServicePLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS
SITE.
ARTICLE 1. ACCEPTANCE OF TERMSWelcome to vCity. vCity provides its Service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. In addition, when using particular vCity Services, you and vCity shall be subject to any posted guidelines or rules applicable to such Services, which may be updated and reposted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS. ARTICLE 2. DESCRIPTION OF SERVICEvCity currently provides users with access to the "Service", which is defined to be one or more of a collection of resources, including, various communications tools, personalized content, and branded programming through its network of properties. You understand and agree that the Service may include advertisements and that these advertisements are necessary for vCity to provide the Service. Unless explicitly stated otherwise, any new feature(s) that augment or enhance the current Service, including the release of new vCity properties, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that vCity assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve Third Party fees (such as an Internet Service Provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. ARTICLE 3. THE SITE DOES NOT PROVIDE MEDICAL ADVICETHE CONTENTS OF vCity, vCityMedical or OTHER vCity SITES, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED FROM vCity's LICENSORS, AND OTHER MATERIAL ("CONTENT") CONTAINED ON THE vCity SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE vCity SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. vCity DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY vCity, vCity EMPLOYEES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF vCity, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE MAY CONTAIN HEALTH- OR ,MEDICAL-RELATED MATERIALS, WHICH YOU FIND SEXUALLY EXPLICIT OR OTHERWISE OFFENSIVE. vCity, ITS LICENSORS, AND ITS SUPPLIERS HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR COUNTRY or STATE OF RESIDENCE. ARTICLE 4. CHILDREN'S PRIVACYWe are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the legal age of 13. We do not intentionally collect Personal Information from/for any person we actually know is a child under the legal age of 13. ARTICLE 5. USE OF CONTENTvCity authorizes you to view or download a single copy of the material on the vCity Site solely for your personal, non-commercial use if you include the following copyright notice: "Copyright (c) 2001, vCity, Inc. All rights reserved" and other copyright and proprietary rights notices, which were contained in the Content. Any special rules for the use of certain software and other items provided on the vCity Site may be included elsewhere within the Site and are incorporated into these TOS by reference. All Content is protected by copyright under both United States and foreign laws. Title to the Content remains with vCity or its licensors. Any use of the Content not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice by the editorial discretion of vCity. All rights not expressly granted herein are solely reserved to vCity and its licensors. If you violate any of these TOS, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. ARTICLE 6. LIABILITY OF vCity AND ITS LICENSORSThe use of the vCity Site and the Content is at your own risk. When using the vCity Site, information will be transmitted over a medium which is beyond the control and jurisdiction of vCity and its suppliers. Accordingly, vCity assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the vCity Site. The vCity Site and the content are provided on an "AS IS" basis. vCity, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, vCity, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall vCity, its licensors, its suppliers, or any Third Parties mentioned on the vCity Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the vCity Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not vCity is advised of the possibility of such damages. vCity is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Area (as defined below). ARTICLE 7. USER SUBMISSIONSYou agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted-- vCity a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. vCity may sublicense its rights through multiple tiers of sublicenses. ARTICLE 8. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or vCity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, vCiy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). ARTICLE 9. vCity PRIVACY POLICYRegistration Data and certain other information about you are subject to our Privacy Policy. For more information, see the vCity Privacy Policy. ARTICLE 10. MEMBER ACCOUNT, PASSWORD AND SECURITYYou will receive an Account and Password designation upon completing the Service's registration process. While in your possession, you are solely responsible for maintaining the confidentiality of the Account or Password, and are fully responsible for all activities that occur under your Account or Password. You agree to (i) immediately notify vCity of any unauthorized use of your Account or Password or any other breach of security, and (ii) ensure that you exit from your Account(s) at the end of each session. vCity cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10. ARTICLE 11. MEMBER CONDUCTYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not vCity, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. vCity does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will vCity be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
You acknowledge that vCity does not pre-screen Content, but that vCity and its designees shall have the right (but not the obligation) in their sole discretion to refuse or (re)move any Content that is available via the Service. Without limiting the foregoing, vCity and its designees shall have the right to remove any Content that violates these TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by vCity or submitted to vCity. You acknowledge and agree that vCity may preserve Content or may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these TOS; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of vCity, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (i) transmissions over various public/private networks; or (ii) changes to conform or adapt to technical requirements of connecting public/private networks or devices. ARTICLE 12. SPECIAL ADMONITIONS FOR INTERNATIONAL USERecognizing the global nature of the Public Internet, you agree to comply with all local rules regarding online conduct or acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. ARTICLE 13. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEvCity does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant vCity the following world-wide, royalty free and non-exclusive license, as applicable:
"Publicly accessible" areas of the Service are those areas of the vCity that are intended by vCity to be available to the general public. By way of example, publicly accessible areas of the Service would include all vCity sites that are open to both members and visitors. ARTICLE 14. INDEMNITYYou agree to indemnify and hold vCity, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, or your violation of these TOS. ARTICLE 15. NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. ARTICLE 16. GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that vCity may establish general practices and limits concerning use of the Service, including without limitation: the maximum cummulative size of all stored email messages on the Service, the maximum cummulative number of emails stored on the Service, the maximum number of days that email messages that may reside on the Service before expiring, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message on the Service, the maximum size of any email attachment of any email message on the Service, the maximum disk space that will be allotted on the Service on your behalf, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, You agree that vCity has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that vCity reserves the right to (and in fact will) disconnect accounts that are inactive for an extended or specific period of time. You further acknowledge that vCity reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. ARTICLE 17. MODIFICATIONS TO SERVICEvCity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that vCity shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Service. ARTICLE 18. TERMINATIONYou agree that vCity, in its sole discretion, may terminate your Password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if vCity believes that you have violated or acted inconsistently with the letter or spirit of these TOS. vCity may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that vCity may immediately deactivate or delete your Account and all related information and files in your Account or bar any further access to such files or the Service. Further, you agree that vCity shall not be liable to you or any Third Party for any termination of your access to the Service. ARTICLE 19. DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and said advertiser. You agree that vCity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. ARTICLE 20. LINKSThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because vCity has no control over such sites and resources, you acknowledge and agree that vCity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that vCity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource. ARTICLE 21. vCity's PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by vCity or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ARTICLE 22. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
ARTICLE 23. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT vCity SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL or EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA or OTHER INTANGIBLE LOSSES (EVEN IF vCity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE or THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION or SERVICES PURCHASED or OBTAINED or MESSAGES RECEIVED or TRANSACTIONS ENTERED INTO THROUGH or FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO or ALTERATION OF YOUR TRANSMISSIONS or DATA; (iv) STATEMENTS or CONDUCT OF ANY THIRD PARTY ON THE SERVICE; or (v) ANY OTHER MATTER RELATING TO THE SERVICE. ARTICLE 24. EXCLUSIONS AND LIMITATIONSSOME 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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. ARTICLE 25. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERSIf you intend to create or join any Service, receive or request any news, messages, alerts or other information from the Service, please read the above Sections 17 and 18 again. The Service is provided for informational purposes only. vCity and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. ARTICLE 26. NOTICENotices to you may be made via either email or regular mail. The Service may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Service. ARTICLE 27. TRADEMARK INFORMATIONvCity, vCity logo(s), vCityMedical, vCityMedical logo(s), and any and all other "vCity" logo(s), and Product(s), and Service(s) Name(s), are trademarks and property of vCity. Without vCity's prior written permission, you agree not to display or use in any manner, the vCity trademarks and property. ARTICLE 28. COPYRIGHTS and COPYRIGHT AGENTSvCity respects the Intellectual Property Rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your Intellectual Property Rights have been otherwise violated, please provide vCity's Copyright Agent the following information:
vCity's Agent for Notice of Claims or Copyright of other Intellectual Property infringement can be reached at:
ARTICLE 29. GENERAL INFORMATIONThese TOS constitute the entire agreement between you and vCity and govern your use of the Service, superceding any prior agreements between you and vCity. You also may be subject to additional terms and conditions that may apply when you use Affiliate Services, Third Party content or Third Party software. These TOS and the relationship between you and vCity shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and vCity agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. You and vCity agree that the losing party will pay all attorney's fees. The failure of vCity to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. Should any paragraph in this contract be found unenforceable, any such paragraph alone does not nullify the rest of the terms of this agreement. The section titles in these TOS are for convenience only and have no legal or contractual effect. ARTICLE 30. VIOLATIONSPlease report any violations of these TOS to Member Services group. Version 1.0 - December 5, 2001 Copyright © 2001 vCity, Inc. All rights reserved |