Last Updated: January 1, 2017
2. Your Account.
3. Electronic Communications.
4. Website Licenses.
8. User Content.
10. Accuracy of the Information.
11. User Content License.
12. Linking to this Website
14. Commercial Transactions.
15. Third Party Websites.
17. Child Online Protection Act.
18. Sweepstakes; Contests; Games.
19. Access and Interference.
20. Force Majeure.
22. Limitations of Liability.
26. General Provisions.
29. Software Terms.
30. Contact Information.
31. Notice to California Residents
2. YOUR ACCOUNT.
Should Company provide to you, or allow you to create a password that allows you to access certain parts of the Website and Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Company of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Website and Services at the end of each session to prevent fraud on your account by third parties. Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
3. ELECTRONIC COMMUNICATIONS.
You consent to receive communications from us electronically. Company may communicate with you by e-mail, by posting notices on the Website, by delivering notifications through our mobile applications or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Company may send you e-mail newsletters on a variety of topics, and may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.
4. WEBSITE LICENSE.
All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Company design, and the logo) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Company’s prior written consent. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
Company may own patents that apply to the Services and to the features and services accessible via the Services. Portions of the Services may operate under license of one or more patents.
8. USER CONTENT.
Company encourages members of the public to submit, post or publish content, including comments, photographs, videos and/or other content that they have created for and/or in connection with the Website, Services, promotions, sweepstakes and contests, and any related television programs and wireless and online broadcasts (collectively “User Content”). You are solely responsible for the content and context of any materials you post or submit on or through the Website or that are posted or submitted using your account. We reserve the right to monitor the Website at any time to ensure that these rules are being observed.
A. Representations and Warranties.
By posting User Content on the Website or otherwise submitting it to us, you hereby grant Company a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display, perform, reformat, excerpt (in whole or part) and translate the User Content for any purpose in any media format and through any media channels. User Content will not be treated as confidential, and Company will be entitled to use all User Content for any purpose whatsoever, without any compensation to you, and we shall not be liable for any use or disclosure of any such User Content. We may remove User Content at any time.
You agree that you have not and will not engage in any of the foregoing activities and will not upload, post, link to, transmit, distribute, provide or otherwise publish through the Website: (i) any material that may create a risk of harm, loss, physical or mental injury, emotional distress, or any other loss or damage to any person or property; (ii) any material that may intentionally or unintentionally violate any applicable local, state, national or international law; (iii) any material that may constitute a criminal offense or give rise to civil liability; (iv) any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws, (v) any hate propaganda or hate mongering, swearing, or fraudulent material or activity; (vi) any material that constitutes “stalking” or any other form of harassment of any member or user of the Website or any other person; (vii) any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment; (viii) any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using a Company address or containing any references to Company (“spam”), junk mail, chain letters, pyramid schemes, or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list; (ix) any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code, program or file designed to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment; or (x) any material that violates or infringes in any way upon the rights of others, including, without limitation, any intellectual property rights, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes “warez” (copyrighted software that is distributed illegally), “MP3” files of copyrighted music, copyrighted photographs, text, video, or artwork; (xi) any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, pornographic, racially, ethnically, or otherwise objectionable material (including, but not limited to, posting the private information of other parties). Company will reject any submission in which Company believes, in its sole discretion, that any such activities have occurred. If notified by a user of User Content that such allegedly violates any provision of this Agreement, Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Content from the Website.
E. No Creative Submissions.
Company does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Company’s professional staff seem to others to be similar to a user’s own creative work. Accordingly, unless otherwise requested on this Website, Company requests that your comments relate to the services and products offered by Company and the Website, and that you not submit any creative ideas, suggestions, or materials. Any unsolicited submission will not be acknowledged or returned, and shall be deemed the property of Company.
F. No Spam.
Company will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
G. Company Disclaimer.
User Content does not represent the opinions or views of Company or any individual associated with Company, and we do not control this User Content. In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of User Content. Company does not endorse, edit, verify, vouch for or control any User Content or the accuracy or credibility of any User Content posted on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website. Through your use of the Website and Services, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.
All products, services and marks that appear on the Website that are not Company’s products, services or marks are the products, services or marks of their respective third party owners. Reference to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, products or services by Company. Similarly, Company does not endorse any third party content, including any opinion, recommendation, or advice expressed on or through the Website, and Company expressly disclaims any and all liability in connection with any such content. Should you use or rely on such third party content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance and you waive the right to bring or assert any claim against the Company relating to any interactions or dealings with any third party and release the Company from any and all liability for or relating to any interactions or dealings with such third party. Your dealings with, or participation in promotions of any third party, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.
10. ACCURACY OF INFORMATION.
We attempt to ensure that all information is complete, accurate and current. However, we make no representations or warranties as to the completeness, accuracy, reliability, currency of any information or descriptions of products, services or other content of the Website or Services. Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website or Services, including but not limited to, content or features. We may impose limits on certain features of the Website or Services or restrict your access to part or all of the Website or Services without notice or penalty.
11. USER CONTENT LICENSE.
If you submit material, and unless we indicate otherwise, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and its sub-licensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company for all claims arising from content you supply.
12. LINKING TO THIS WEBSITE.
Creating or maintaining any link from another web site to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
14. COMMERCIAL TRANSACTIONS.
Your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, merchants or third parties found on or through the use of the Website or Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant or third party. Company shall not be responsible or liable, directly or indirectly, 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 merchants or third parties on the Website and Services.
15. THIRD PARTY WEBSITES.
The Website may contain links to websites and/or resources that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for the availability of, or any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other web sites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
17. CHILD ONLINE PROTECTION ACT NOTIFICATION.
Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Net Parents website, http://www.netparents.org/parentstips/browsers.html.
18. SWEEPSTAKES; CONTESTS; GAMES.
If Company conducts a sweepstakes, contest, or game on the Website, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstakes, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
19. ACCESS AND INTERFERENCE.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
20. FORCE MAJEURE.
Company shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body, or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR RISK. THE CONTENT, FUNCTIONS, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
22. LIMITATIONS OF LIABILITY.
COMPANY DOES NOT WARRANT THAT THE WEBSITE AND SERVICES, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE AND SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
You agree to defend, indemnify and hold Company, its officers, directors, employees, agents, licensees, successors and assigns, and any affiliated company or individual harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your breach or violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (ii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iii) your violation of any law, rule or regulation of the United States or any other country; (iv) any claim for damages that arise as a result of any content that you place or post on the Website; or (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.
26. GENERAL PROVISIONS.
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 Company in our sole discretion. 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. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement.
28. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
Please provide the following information:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:
Attn: Business & Legal Affairs
3850 N. Powerline Rd.
Deerfield Beach, FL 33073
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person; and
- The written consent to process your personal data provided to us.
29. SOFTWARE TERMS.
The following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Website and Services (the “Software”):
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
- Updates. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
30. CONTACT INFORMATION.
Attn: Business & Legal Affairs
3850 N. Powerline Rd.
Deerfield Beach, FL 33073
If you have any other questions, please email legal@Videoglobetrotter.com
31. NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to the following additional specific consumer rights information:
- To file a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at the address, email address, or telephone number listed above in paragraph 31.
- You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.