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VCAdvance Terms & Conditions
1. Copyrighted Information and Copyright Agent. Please note that
the pages on the Site may contain other proprietary notices and
copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data,
images, Documents (as defined below), software or other materials
(collectively hereinafter referred to as the "Materials")
contained on any page within this Site are copyrighted by VCAdvance
or a third party (hereinafter collectively referred to as the "Copyright
Holder"). Title to copyright in the Materials will at all times
remain with the Copyright Holder. You may only use, download or
copy the Materials contained in the Site in accordance with the
Terms and Conditions. Any permitted copies of the Materials must
retain the copyright notice, and any other proprietary notices contained
in such Materials. Unless otherwise provided in the Terms and Conditions,
you may not edit, modify or make use of the Materials without the
express, prior written consent of VCAdvance.
You may not use any content contained in the Materials in any manner
that may give a false or misleading impression or statement as to
VCAdvance, the Copyright Holder,
or any third party referenced in the Materials. Nothing on this
Site shall be construed as conferring any license under any Copyright
Holder's intellectual property rights, whether by estoppel, implication
or otherwise. You agree to use the Site and the Materials and services
and products on the Site or accessible via the Site only for lawful
purposes. VCAdvance MAY REVOKE
ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS
GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these Terms and Conditions (including
any applicable Supplemental Terms), any reproduction, distribution,
replication or retransmission of any information contained on this
Site without the prior written consent of VCAdvance
is strictly prohibited.
2. Notice With Regard to Documents on this Site. Permission to
display, copy and/or download any papers, articles or other works
of authorship on this Site (the "Documents") is hereby
granted, provided that (a) the copyright notice set forth on the
Document and a statement that the Document is being reproduced under
permission of the Copyright Holder both appear on such displayed,
copied or downloaded Document, (b) use or reproduction of such Documents
from this Site is for informational or personal use only, and (c)
no modifications of any Documents are made. Any other use of the
Documents is expressly prohibited.
3. Online Privacy Policy. Your Online Privacy is very important to
us. The internet is a public forum and as such, any
information you post on VCAdvance.com
is available for the viewing by the general public. VCAdvance
will make every effort to quickly remove any information that is in
violation of your personal privacy. If you become aware of a
violation, please e-mail us immediately at privacy@vcadvance.com
and we will promptly work to correct the situation.
Privacy. OPEN 24 HOURS is a public forum page. Enter
information at your own risk. VCAdvance
cannot be responsible for information posted in this area. VCAdvance
has no way of tracking who posts information in this area. We
hope this area is of value to videoconference users and that great
discretion will be used in posts as well as test connections.
However, VCAdvance cannot be
held liable for any incorrect information, information posted
without express consent and permission of the location involved
and/or any other reason contributing to any damages resulting in
loss of productivity or revenue.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING,
WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS,"
AND VCAdvance MAKES NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS
SITE OR ITS CONTENTS. VCAdvance
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. VCAdvance
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA
THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN
TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. VCAdvance
RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY
PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION
IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY
CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT
LIMITATION, THE DOCUMENTS AND SOFTWARE. VCAdvance
MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH,
QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. VCAdvance
IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED
IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER IEEE NOR ANY OF ITS MEMBERS,
DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH
INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF
THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME,
PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF
THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP
OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL
NOT MAKE ANY CLAIM AGAINST VCAdvance
FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST
PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY
ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION
OF THE CONTENTS THEREOF.
5. Links to Third Party Sites. Any other web sites that are accessible
via any link on this Site are not under the control of VCAdvance.
VCAdvance is not responsible
for the contents of any linked site or any link contained in a linked
site, or any changes or updates to the information contained in
such sites. VCAdvance provides
the linked sites to you only as a convenience and the inclusions
of any such link on the Site does not imply VCAdvance's
endorsement of the site, the organization operating such
site, nor any products or services of that organization. Your linking
to any off-site pages or other sites is entirely at your own risk.
6. Export Restrictions. You acknowledge and agree that the Materials
are subject to the U.S. Export Administration Laws and Regulations.
Diversion of such Materials contrary to U.S. law is prohibited.
You agree that none of the Materials, nor any direct product therefrom,
is being or will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed countries or
their nationals, unless authorized by the U.S. Government. Proscribed
countries are set forth in the U.S. Export Administration Regulations.
You agree to comply strictly with all U.S. export laws and assume
sole responsibility for obtaining licenses to export or re-export
as may be required.
7. References to Products or Services. Information published by
VCAdvance on the Site may contain
references or cross references to VCAdvance's
products or services that are not announced or available in your
country. Such references do not imply that VCAdvance
intends to announce such products or services in your country. Please
contact VCAdvance Member Services
for information regarding the products and services that may be
available to you.
8. User Input. Unless otherwise provided in the Terms and Conditions,
any communication, material or feedback with regard to contents
on this Site transmitted by a user of this Site via electronic mail
or otherwise, including any data, questions, or comments regarding
the content of any Document or other information contained on the
Site, such information shall be deemed to be non-confidential and
VCAdvance shall have no obligation
of any kind with respect to such information and shall be free to
reproduce, use, disclose and distribute the information to others
without limitation. Further, VCAdvance
shall be free to use any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever including,
without limitation, publication on the Site, or other VCAdvance
publications, and developing, manufacturing, and marketing products
using such information. VCAdvance
shall have no obligation to compensate the contributor of such information
in any manner.
9. Governing Law; Venue for any Proceedings. Any action, proceeding,
dispute, claim or controversy arising out of or relating to this
Site or these Terms and Conditions, or any VCAdvance
products or VCAdvance services
offered on or accessed via the Site, shall (i) be governed by Colorado
law and controlling U.S. federal law, without application of any
choice of law rules and (ii) be subject to the exclusive jurisdiction
of the courts of the State of Colorado located in Jefferson County
or of the United States District Court, and you hereby submit to
the jurisdiction of said courts.
10. Complete Agreement; Changes to the Terms and Conditions. These
Terms and Conditions represent the entire understanding relating
to the use of the Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. VCAdvance
shall have the right to revise and modify the Terms and Conditions
at any time by posting the revised Terms and Conditions on the Site.
Any use of the Site after such posting shall be deemed to constitute
acceptance of the revised Terms and Conditions by the user.
11. Trademarks. "VCAdvance",
the VCAdvance logo, the slogan
"Bringing the World Together", AdvanceLink
and other VCAdvance logos and
titles, are registered trademarks or service marks of Desert Rose
Enterprises, Inc. All other products, company names or other marks
appearing on this Site are the trademarks of their respective owners.
Nothing contained in the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use
any trademark displayed on the Site without prior written permission
of VCAdvance or other trademark
owners.
12. Indemnification. You agree to defend, indemnify, and hold harmless
VCAdvance, its officers, directors,
employees, members, agents and affiliates from and against any claims,
actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your breach of the
Terms and Conditions. The VCAdvance
shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding.
13. Termination. VCAdvance
may terminate this agreement at any time. Upon termination, you
agree to cease all use of this Site. Without limiting the foregoing,
VCAdvance shall have the right
to immediately terminate your access and use of the Site, or any
portion of the Site, in the event of any conduct by you or through
your account which VCAdvance,
in its sole discretion, considers to be unacceptable, or in the
event of any breach by you of the Terms and Conditions. The provisions
of Sections 4, 9, 12 and this Section 13 shall survive any termination
of this agreement.
14. Questions. Please email us at member-comments@vcadvance.com
with any questions you have about these Terms and Conditions, including
our online Privacy Policy.
Email: VCAdvance
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