1. Your Relationship with VZI
2.1. By your use of the Website, you certify that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement.
2.2. You understand and agree that VZI will treat your actual use of the Services as an acceptance of the terms of this Agreement from that point onwards.
3. General Restrictions on Use
A. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VZI, unless you have been specifically allowed to do so in a separate agreement with VZI. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
B. You agree that you will not engage in any activity that interferes with, modifies, alters or disrupts the Services (or the servers and networks which are connected to the Services).
C. Unless you have been specifically permitted to do so in a separate agreement with VZI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
D. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
E. Unless you have been expressly authorized to do so in writing by VZI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any products or services bearing any Trademarks (as defined below) in a way that is likely or intended to cause confusion about the owner or authorized user of such Trademarks.
F. You agree not to collect or harvest any personally identifiable information, including email address, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.
G. You agree that you are only permitted to use the Website and the Services for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
H. You may not use any of the Services to post, publish, distribute, display or transmit any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content.
4.1. VZI owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other information contained in the Website and/or used in connection with the Services, including the “look and feel” of the Website and all HTML and other code and scripts in any format used to implement the Website (the “Content”). The Content of the Website is protected by copyright. You may not use, copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, rent, lease, loan, sell, create derivative works based on the Content (either in whole or in part) or otherwise distribute the Content from the Website for any purpose other than as set forth herein without the prior written permission of VZI or, in the case of third party materials, the owner of that Content. Any third party Content appearing on the Website is owned by the respective third parties.
4.2. All names, logos, trademarks and service marks which appear on the Website, including KATHY VAN ZEELAND, in any form or embodiment, and all goodwill associated therewith (“Trademarks”) and intellectual property rights related to the foregoing, are the property of VZI or are used by VZI under license. You may not use any of the foregoing for any purpose without the prior express written permission of VZI.
4.3. Your failure to comply with this Section 4 of the Agreement will constitute a breach of contract and will violate VZI's copyright, trademark and other proprietary and intellectual property rights.
4.4. You agree that you are solely responsible for (and that VZI has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which VZI may suffer) by doing so. You agree that you will not post, publish, distribute, display or transmit any sexually suggestive, pornographic, infringing, hate-related, violent or illegal Content.
4.5. VZI is not responsible for the accuracy or reliability of any Content passing through the Website by advertisers. The Website may contain links to third party websites, applications, or programs that are not controlled by or affiliated with VZI. VZI is not responsible for the content, information, offers or privacy policies of such websites, applications, or programs.
5. Disclaimers and Warranties
5.1. The Services are provided "as is" and VZI makes no warranty or representation of any kind to you with respect to them. In particular VZI does not represent or warrant to you that:
A. the Services will meet your requirements;
B. the Services will be uninterrupted, timely, secure or free from error;
C. any information, including Content, obtained by you as a result of your use of the Services will be accurate or reliable; and
D. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
5.2. VZI expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the Content, goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in this Agreement.
5.3. VZI assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Website.
5.4. You acknowledge that no representation has been made regarding the success or distribution of the Content and/or Services. Nothing herein shall be construed to obligate VZI to publish or distribute any Content or Services.
5.5. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Content and/or Services except to the extent that they are expressly set out in this Agreement.
5.6. You understand and acknowledge that in using the Website and the Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you and that, in this respect, you use the Services at your own risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VZI with respect to any such Content.
6. Limitation of Liability
6.1. IN NO EVENT SHALL VZI BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, WHETHER OR NOT VZI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF ANY SUCH LOSSES ARISING.
6.2. The limitations on VZI’s liability set forth in Section 6.1 above shall include any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which VZI may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; or (iv) any other matter relating to the Website, the Services, or the Content.
7.1. You agree to defend, indemnify and hold harmless VZI, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) Content you created, displayed, distributed or transmitted on the Website. This defense and indemnification obligation will survive this Agreement and your use of the Website and Services.
8. Digital Millennium Copyright Act
8.1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows:
VZI Investment Corp.
1333 Broadway, 9th Fl.
New York, NY 10018
Attn: Copyright Agent
9.1. Complete Agreement.
9.2. Modifications to the Services.
VZI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which VZI provides may change from time to time without prior notice to you. You further acknowledge and agree that VZI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at VZI's sole discretion, without prior notice to you.
9.3. Liability in the Event of Breach.
You agree that you will comply with all of the provisions of this Agreement. You understand that you are solely responsible for (and that VZI has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which VZI may suffer) of any such breach.
9.4. Rights Not Waived.
You agree that if VZI does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which VZI has the benefit of under any applicable law), this will not be taken to be a formal waiver of VZI's rights and that those rights or remedies will still be available to VZI.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms hereof. The remaining provisions of this Agreement will continue to be valid and enforceable.
9.6. Governing Law.
This Agreement, and your relationship with VZI under this Agreement, shall be governed by the laws of the State of New York. You and VZI agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
9.8. Independent Relationship.
You and VZI are independent contractors, and this Agreement, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and VZI. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement.
Last Updated: June 14, 2011
INFORMATION WE COLLECT ONLINE
Personally Identifiable Information
Browsing Information; Cookies
In the course of serving advertisements to the Site, our third-party advertising partners may place or recognize a unique cookie on your browser, which will allow our advertising partners to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows our advertising partners to deliver targeted advertisements that they believe will be of most interest to you.
HOW WE USE YOUR INFORMATION
We use personal information collected on the Site for the following purposes:
• for the specific purpose for which it was volunteered;
• to develop, market, sell or provide products and services; and
• as permitted by, and to comply with, any legal or regulatory requirements, process or provisions.
In order to serve you better, we may combine information you provide to us on the Site with information from third parties, including demographic or public information.
HOW WE MAY SHARE INFORMATION
We may share your information collected on this Site with our subsidiaries, affiliated companies, and unaffiliated business partners for the purpose of providing you with the products and/or services you seek from the Site.
We also may share your information with selected third parties who provide services to us, including to serve Site content, help to maintain our customer database, administer emails, newsletters and contests and for marketing and promotional material distribution. Such third parties may have access to, store and process your personal information to provide services on our behalf, which may occur in the United States or in countries outside of the United States. Our service providers are not authorized to use your information for any purpose other than to provide the contracted services.
You have the right to limit how we share your personal information for marketing purposes among VZI’s affiliates and business partners. Please see the section entitled “Managing Your Personal Information.”
We also must always reserve the right to disclose information about you as required by law, in response to legal process including law enforcement requests, and where needed to protect the safety, property, or legal rights of users of the Site, or the Company or its affiliates or third parties.
We are not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. We also are not responsible or liable for any privacy or security policies of any third party sites to which we may provide links on the Site.
If you do not wish to receive emails from VZI in the future, you can unsubscribe by clicking on the unsubscribe link at the bottom of any VZI email that you receive, emailing us at email@example.com with your request to be removed from our email list.
We are concerned about the safety of children when they use the Internet and do not knowingly request or collect personally identifiable information online from any person under the age of thirteen.
We use certain security measures to protect the personal information you submit to the Site. We use firewall technology, password controls, and other technological and procedural safeguards in maintaining the Site. Although we have implemented the above security measures for this Site, you should be aware that 100% security is not possible.
MANAGING YOUR PERSONAL INFORMATION
To allow us to serve you better we encourage you to regularly review and update your personal information. You may obtain upon request a summary of the personal information on record with us. You also may request that we correct any such personal information about you, remove such information from our marketing databases, or dispose of any or all personal information about you.
VZI Investment Corp.
1333 Broadway, 9th Fl.
New York, NY 10018
Following any of these requests, some of your personal information may be retained for a period of time; for example, to follow-up on a request, resolve a dispute or for similar reasons. Some personal information also may continue to be stored on “back-up” files for financial, legal or technical reasons.
UPDATING THIS POLICY; NOTICES
This policy is effective June 14, 2011.