Use of Victaulic Websites
Except as set forth in "Other agreements; software, services or access", below, Victaulic authorizes you to use the Victaulic Websites only for your own personal, non-commercial purposes. Use of the Victaulic Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Victaulic, Victaulic owns the Victaulic Websites. The Victaulic Websites are protected under United States and international copyright laws. Any unauthorized use of the Victaulic Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equiptment and services needed for access to and use of the Victaulic Websites and for paying all charges related thereto. When you register to open an account anywhere on the Victaulic Websites, or when you contact Victaulic through the Victaulic Websites for the purpose of receiving products or services, Victaulic may collect certain personal information about you. Victaulic's use of such information is governed by the provisions of the Victaulic 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 Victaulic Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Victaulic Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Victaulic immediately of any unauthorized use of your password or any other breach of security related to the Victaulic Websites. Victaulic reserves the right to require you to change your password if Victaulic believes that your password no longer is secure. Access to Victaulic Websites granted under other separately executed agreements by Victaulic and You shall supersede the terms contained in this Section.
You agree not to use the Victaulic Websites (including, without limitation, any Materials or Services you may obtain through your use of the Victaulic 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 Victaulic Websites or servers or networks connected to the Victaulic Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Victaulic Websites; or (y) attempt to gain unauthorized access to any portion of the Victaulic Websites or any other accounts, computer systems, or networks connected to the Victaulic Websites, whether through hacking, password mining, or any other means.
Except as set forth in "Other agreements; software, services or access", below, Victaulic may terminate, suspend, or modify your registration with, or access to, all or part of the Victaulic Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Victaulic Websites at any time. If you breach any of these Terms, your authorization to use the Victaulic Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE VICTAULIC WEBSITES IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE VICTAULIC WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT VICTAULIC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. VICTAULIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE VICTAULIC WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICTAULIC MAKES NO WARRANTY THAT THE VICTAULIC WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE VICTAULIC WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE VICTAULIC WEBSITES WILL BE CORRECTED. VICTAULIC MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VICTAULIC WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE VICTAULIC WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE VICTAULIC WEBSITES OR FROM VICTAULIC, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE VICTAULIC PARTIES") SHALL CREATE ANY WARRANTY. VICTAULIC DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY OF THE VICTAULIC 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 VICTAULIC WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE VICTAULIC WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY VICTAULIC 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 Victaulic 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 Victaulic Party's liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
Victaulic may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to Victaulic Websites under the terms of a separate agreement between you and Victaulic (each, an "Other Agreement"). Victaulic’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the Victaulic Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to Victaulic Websites
Victaulic reserves the right to modify, suspend, or discontinue the Victaulic Websites at any time without notice to you. For example, Victaulic 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 Victaulic 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 Victaulic business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the Victaulic 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 Victaulic an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Victaulic deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Victaulic reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Victaulic may, but is not obligated to, pre-screen User Submissions or monitor any area of the Victaulic Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Victaulic is not required to host, display, or distribute any User Submissions on or through the Victaulic Websites and may remove at any time or refuse any User Submissions for any reason. Victaulic is not responsible for any loss, theft, or damage of any kind to any User Submissions. Victaulic does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Victaulic will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Victaulic does not guarantee that you will have any recourse through Victaulic or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least thirteen (13) years of age;
- 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 Victaulic the rights in your User Submissions described herein;
- 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;
- 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 Victaulic described herein;
- 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;
- you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- 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;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- 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);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- 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-party websites
Links on the Victaulic Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Victaulic Websites. Victaulic is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Victaulic does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Victaulic Network, you do this entirely at your own risk.
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 Victaulic’s written authorization otherwise, a website that links to this Site:
- may link to, but shall not replicate, any Materials (including any Victaulic logo);
- shall not create a browser or border environment (iframe) around any Materials;
- shall not imply that Victaulic endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with Victaulic;
- shall not present false or misleading information about Victaulic, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups.
Victaulic and any other product or service name or slogan or logo contained in the Victaulic Websites are trademarks of Victaulic and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Victaulic or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Victaulic 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 Victaulic without Victaulic’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 Victaulic and may not be copied, imitated, or used (in whole or in part) without Victaulic’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 Victaulic.
Procedure for making claims of infringement
Victaulic respects the intellectual property rights of others. Accordingly, Victaulic has a policy of removing User Submissions that violate copyright law, suspending access to the Victaulic Websites (or any portion thereof) to any user who uses the Victaulic Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Victaulic Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Victaulic 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 Victaulic Websites, please provide written notice to the following Victaulic agent for notice of claims of infringement:
4901 Kesslersville Road
Easton, PA 18040-6714
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Victaulic to locate that material; (d) contain adequate information by which Victaulic can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Victaulic’s designated agent, as they will be deleted upon receipt.
U.S. government restricted rights
International and export issues
Victaulic administers this Site from its offices in Easton, Pennsylvania. Victaulic makes no representation that the Victaulic Websites is appropriate or available for use in every country in which it may be accessed, and access to the Victaulic Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the Victaulic Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Victaulic Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern, or the US State Department Debarred Parties List. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend, and hold harmless the Victaulic Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Victaulic reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Victaulic’s defense of such claim.
When you visit the Site or send e-mails to Victaulic, you are communicating with Victaulic electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Victaulic provides to you electronically satisfy any legal requirement that such communications be in writing.
Any action related to these Terms and/or use of this Site will be governed by the laws of the Commonwealth of Pennsylvania, United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. The existence of this Site and the ability to request information or request to order products through the Site is not an offer to sell or solicit or do business in those countries or jurisdictions in which we are not permitted by law to do business or in which we do not already conduct business. Neither the existence of this Site not the accessibility of content of this Site is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between Victaulic within any country or jurisdiction in which Victaulic does not already conduct business. You are responsible for compliance with all local laws applicable to you with respect to accessing the content and operation of this Site. You agree to submit to the jurisdiction of the courts located in the Commonwealth of Pennsylvania for the resolution of all disputes arising from or related to these Terms and /or your use of the Site.
Modifications to these Terms
Victaulic may, in its sole and absolute discretion, change these Terms from time to time. Victaulic 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 Victaulic Websites. Continued use of the Victaulic 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-designated legal notices or terms located on particular pages of the Victaulic Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Version date: December 6, 2011