Use of the Company Names Website
Except as set forth in “Other agreements; software, services or access”, below, authorizes you to use the Website only for your own personal, non-
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Websites and for paying all charges related thereto. When you register to open an account anywhere on the Websites, or when you contact through the Websites for the purpose of receiving products or services, may collect certain personal information about you. ’s use of such information is governed by the provisions of the Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Websites password and you are solely responsible for all activities that occur under your password. You agree to notify immediately of any unauthorized use of your password or any other breach of security related to the Websites. reserves the right to require you to change your password if believes that your password no longer is secure. Access to Websites granted under other separately executed agreements by and You shall supersede the terms contained in this Section.
You agree not to use the VBS Websites (including, without limitation, any Materials or Services you may obtain through your use of the VBS Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the VBS Websites or servers or networks connected to the VBS Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the VBS Websites; or (y) attempt to gain unauthorized access to any portion of the VBS Websites or any other accounts, computer systems, or networks connected to the VBS Websites, whether through hacking, password mining, or any other means.
Except as set forth in “Other agreements; software, services or access”, below, VBS may terminate, suspend, or modify your registration with, or access to, all or part of the VBS Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the VBS Websites at any time. If you breach any of these Terms, your authorization to use the VBS Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE VBS WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE VBS WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT VBS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. VBS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE VBS WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-
Limitation of liability
IN NO EVENT WILL ANY OF THE VBS PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE VBS WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE VBS WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY VBS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any VBS Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the VBS Party’s liability shall be the minimum permitted under such applicable law.
Modifications to VBS Websites
VBS reserves the right to modify, suspend, or discontinue the VBS Websites at any time without notice to you. For example, VBS may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and VBS makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local VBS business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the VBS Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to VBS an irrevocable, perpetual, transferable, non-
By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old;
(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to VBS the rights in your User Submissions described herein;
(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to VBS described herein;
(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(f) you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-
(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-
Links on the VBS Websites to third-
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent VBS’s written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any VBS logo);
(b) shall not create a browser or border environment around any Materials;
(c) shall not imply that VBS endorses such website or any products, services, or content available through such website;
(d) shall not misrepresent its relationship with VBS;
(e) shall not present false or misleading information about VBS, its products, or its services;
(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups.
Any product or service name or slogan or logo contained in the VBS Websites are trademarks of VBS and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of VBS or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with VBS or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of VBS without VBS’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of VBS and may not be copied, imitated, or used (in whole or in part) without VBS’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by VBS.
VBS respects the intellectual property rights of others. Accordingly, VBS has a policy of removing User Submissions that violate copyright law, suspending access to the VBS Websites (or any portion thereof) to any user who uses the VBS Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the VBS Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, VBS has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the VBS Websites, please provide written notice to the following VBS agent for notice of claims of infringement:
These Terms, together with any additional terms to which you agree when using particular elements of the VBS Websites, constitute the entire and exclusive and final statement of the agreement between you and VBS with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and VBS with respect to such subject matter. The VBS Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and VBS shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the VBS Websites shall be brought in the Federal or State courts located in Santa Barbara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of VBS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of VBS and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the VBS Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or VBS. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VBS without restriction.
Modifications to these Terms
VBS may, in its sole and absolute discretion, change these Terms from time to time. VBS will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the VBS Websites. Continued use of the VBS Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-
Revised October 2010