Terms of Use
All original material on this website is the property of VPC. This material is not
to be copied, used or displayed outside of this website without the written consent
of VPC. Failure to comply may violate one or more federal copyright laws.
All other brands and trademarks are the property of their respective owners. Use
of company, product or service brand names other than: VPC, Video Pioneers Corp,
VPC Communications, VPC-Interactive, www.vpc-i.com, www.InquiryCenter.com, www.finddemobuy.com,
www.oneecomm.com, www.aboutfinishing.com, www.facility3Sixty.com, AboutFinishing,
Facility3Sixty, Validate/Promote/Communicate, OneEcomm, FindDemoBuy, SEOMiner, BlogMiner,
StoreMiner, PortalMiner, ResponseMiner, AccountMiner, ChannelMiner and ServiceMiner,
in no way indicates ownership or trademark rights.
1. Intellectual Property. You acknowledge and agree that (a) our patents, trademarks,
trade names, service marks, copyrights and other intellectual property (collectively,
"intellectual property") is and shall remain our sole property, and (b) nothing
in this Agreement shall confer in you any right of ownership or license rights in
our intellectual property. In addition, you shall not now or in the future contest
the validity of VPC’s intellectual property.
2. Indemnity. You agree to indemnify and hold VPC and our subsidiaries, affiliates,
officers, directors, partners, agents, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of use of the elements from or related to this website, your breach
of this Agreement or the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
3. Safe Trading. VPC does not sell any item directly other than our own products
and services. Any seller and buyer using any of our media formats or portals for
any form of transaction is solely responsible for its related financial, legal and
operational aspects of the sale. Because user authentication on the Internet is
difficult, VPC cannot and does not confirm each user's purported identity. We encourage
you to communicate directly with potential trading partners through the tools available
on our site(s). You may also wish to consider using a third party escrow service
or services that provide additional user verification.
4. Release. In the event that you have a dispute with one or more users, you release
VPC (and our officers, directors, agents, subsidiaries and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes. If you are a California resident, you waive
California Civil Code §1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his settlement
with the debtor."
5. Responsibility for Taxes. VPC does not provide e-commerce provisions for its
products or services as such we are not responsible for the collection or remittance
of any state and/or local sales taxes resulted form any online e-commerce. Buyers
and Sellers are responsible for all tax related issues that may arise out of the
use of our site(s) known or unbeknown to us.
6. Information Control. We do not control the content information other than as
provided by us. Any user who may find ways that are known or unknown to us in providing
information or content through our system is the sole responsibility of the user.
You may find other user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using our site.
Please note that there are also risks of dealing with underage persons or people
acting under false pretense. Additionally, there may also be risks dealing with
international trade and foreign nationals.
7. Fraud. Without limiting any other remedies, VPC reserves the right to block,
suspend or terminate access and usage by anyone whom we may suspect that by conviction,
settlement, insurance or escrow investigation, or otherwise, have engaged in fraudulent
activity in connection with usages of our site(s).
8. Restrictions, Editorial Rights, And Content Guidelines. VPC reserves all editorial
rights to all media content. For however reasons information posted (or any items
listed) not originated by us should be in compliance with our publishing policy
where it (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent
or involve the sale of counterfeit or stolen items; (c) shall not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (d) shall not violate any law, statute, ordinance
or regulation (including, but not limited to, those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising); (e) shall
not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography or, if otherwise adult in
nature or harmful to minors, shall be posted only in the Mature Audiences section
and shall be distributed only to people legally permitted to receive such content;
(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots,
or other forms of computer programming routines, bugs that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
information; (h) shall not create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers; and (i) shall not link
directly or indirectly to or include descriptions of goods or services that: (aa)
are prohibited under this Agreement, or (bb) you do not have a right to link to
or include. Furthermore, you may not post any item on our site (or consummate any
transaction that was initiated using our service) that, by paying to us the related
fee or the final value fee, could cause us to violate any applicable law, statute,
ordinance or regulation.
9.Information and/or Application Freeware License. Is you posted and allowed any
information or application software to be used in relation to our site(s), we shall
use such materials or content you supply us only where we are not violating any
rights you might have concerning that information or material. You also agree to
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information/material, in any media
now known or not currently known, with respect to Your Information. VPC will only
use Your Information in accordance with our Privacy Policy.
10. Access and Interference. Our web site(s) contains robot exclusion headers and
you agree that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy our web pages or the content contained herein without
our prior expressed written permission. You agree that you will not use any device,
software or routine to bypass our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the VPC site or any activity being conducted
on our site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. Much of the information
on our site is updated on a real time basis and is proprietary or is licensed to
VPC by our users or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content (except
for Your Information) from our website without the prior expressed written permission
of VPC or the appropriate third party. You further agree not to install or embed
any virus, spyware, adware or any other technologies without our knowledge or written
consent.
11. User Status. You may not take any actions that may undermine the integrity or
any aspect of our infrastructure, content and functionalities. You may be or disallow
and /or barred form using site(s) at any time at our discretion and you will be
unable to list, contribute or browse on the site.
12. Export. You acknowledge that any comments or information from our web community
forum area consists of comments left by other users and content that is compiled
by VPC, and that some user profiles and/or data may be exposed to the public to
facilitate trading between VPC’s users. You also agree that you shall not market
or export this data and information.
13. Import. We do not provide the technical ability to allow you to import from
other websites to VPC because the content or data may not reflect our standard operating
image and online reputation within our community.
14. Breach. Without limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your usage and refuse to
provide our services to you: (a) if you breach this Agreement or the documents it
incorporates by reference; (b) if we are unable to verify or authenticate any information
you provide to us; or (c) if we believe that your actions may cause legal liability
for you, our users or us.
15. No Warranty. We are not responsible for any guarantee nor claim from our users,
customers and suppliers. All products and marketing information are the sole responsibility
of the suppliers and are provided "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. Liability Limit. In no event shall we or our employees, partners, affiliates,
suppliers be liable for lost profits or any special, incidental or consequential
damages arising out of or in connection with our site, our services, or this agreement,
however arising, and including negligence. Our liability, and the liability of our
suppliers, to you or any third parties in any circumstance, is limited to the amount
of money you paid to us within a 12-month period pertaining to the specific transaction
concern that give rise to the liability at issue. And in no event should the liability
amount be greater than five hundred US dollars ($500.00).
17. Legal Compliance. You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of our services, products,
and website related features and activities.
18. No Agency. You and VPC are independent entities, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
19. Arbitration. Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken by VPC to collect
our fees and/or recover damages for, or obtain an injunction relating to, the VPC
site operations, intellectual property, and our services, shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted in Irvine,
California, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or VPC may seek any interim or preliminary
relief from a court of competent jurisdiction in Irvine, California necessary to
protect the rights or property of you or VPC pending the completion of arbitration.
Should either party file an action contrary to this provision, the other party may
recover attorney’s fees and costs of no more than five hundred ($500.00) US dollars.
20. General. This Agreement shall be governed in all respects by the laws of the
State of California as such laws are applied to agreements entered into and to be
performed entirely within California between California residents. We do not guarantee
continuous, uninterrupted or secure access to our services, and operation of our
site may be interfered with by numerous factors outside of our control. If any provision
of this Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. You agree that this Agreement
and all incorporated agreements may be automatically assigned by VPC, in our sole
discretion, to a third party in the event of a merger or acquisition. Headings are
for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and agreement between
us with respect to the subject matter hereof.
21. Disclosures. The services hereunder are offered by VPC, located at 7 Corporate
Park, Ste 140, Irvine, CA. If you are a California resident, you may have this same
information emailed to you by sending a letter to the foregoing address with your
email address and a request for this information. If you have questions regarding
this privacy policy, please contact: info@vpc-i.com