None of the Content and other information contained on this Site shall be construed as an indication of The Vindicator’s views, opinions and recommendations, or endorsements thereof.
Reproduction or distribution of the Contents.
The content on this, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Vindicator, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as expressly set forth below, you may not copy, reproduce, upload, post, transmit, broadcast, sell, license, distribute or otherwise exploit for any purpose whatsoever (or facilitate someone else in copying, reproducing, uploading, posting, transmitting, or distributing) any part of the Content for any purpose other than individual viewing of the Site, unless you get the advance, express written consent of The Vindicator. That includes using in any manner any portion of those Contents in messages that advocate the election or re-election of a person for public or private office. You agree not to circumvent, disable or otherwise interfere with security related features of Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
You may download or print one copy of some or all of the downloadable Contents displayed on the Site, for personal, non-commercial home use only, but only if you keep intact all copyright and other notices contained in the Contents. You will (i) not copy or distribute any part of the Site and Content in any medium without The Vindicator’s prior written authorization; (ii) not alter or modify any part of the Site and/or Content other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) otherwise comply with the all the Terms. Nothing contained on either of the Sites intends to grant an implied or express license or right to use anything contained on either Site except as expressly set forth in these Terms. Any other use is strictly prohibited.
In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Vindicator immediately of any breach of security or unauthorized use of your account. Although The Vindicator will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Vindicator or others due to such unauthorized use.
Submissions — granting a license to The Vindicator.
Any and all materials, in any form or medium, including without limitation, any creative suggestions, ideas, music, photos, video, audio, text, notes, drawings, concepts, or other information that you provide to The Vindicator or submit via this Site or via e-mails are provided pursuant to the terms and conditions set forth herein and are collectively referred to herein as the "User Submission." You agree that none of the User Submission shall be subject to any obligation of confidence on the part of The Vindicator, and The Vindicator shall not be liable for any use or disclosure of all or part of the User Submission. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Vindicator to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name, likeness or voice of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms. By submitting the User Submissions to The Vindicator, you hereby grant The Vindicator a worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, display, and perform the User Submissions in connection with the Site and The Vindicator’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. The Vindicator shall have the right to charge a fee to others to use, copy, modify, publicly display, publicly perform, adapt, or distribute your User Submission. Any User Submissions you make may be edited, removed, modified, published or displayed by the Vindicator without prior notice at its sole discretion.
If you do not want a submission to become licensed automatically in accordance with these Terms, please make no submissions to The Vindicator or though the Site.
Submissions — what The Vindicator prohibits.
In connection with the User Submissions, you further agree that you will not submit any material (i) that is unlawful, defamatory, obscene, pornographic, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, is an invasion of privacy, or that is intended to inflict emotional distress; (ii) that advocates or facilitates a violation of any law, or that is itself illegal to communicate or transmit; (iii) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Vindicator all of the license rights granted herein; (iv) submit material that infringes any proprietary right of any person, such as copyright, trademark, trade name, patent right, or trade secret; (v) that violates an order of a court or governmental agency; (vi) proposes or solicits any commercial transaction, or proposes or solicits any donation or payment of any funds for any purpose, or advertises or promotes any good or service for sale or lease; (vii) transmits “spam,” “chain letters,” “junk mail,” or “pyramid schemes”; (viii)impersonate another person; (ix) violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty; (x) contains software viruses or any other computer code, file or program that functions to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that (xi) The Vindicator has determined in its sole discretion to remove from Site.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that The Vindicator is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Vindicator with respect thereto, and agree to indemnify and hold The Vindicator, its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
You also are not allowed to collect or store personal information or data about other users.
Submissions — monitoring.
Any interactive forum of either Site is non-moderated by The Vindicator. The Vindicator does not read or otherwise monitor every posting or User Submission made on the Site. The Vindicator does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and The Vindicator expressly disclaims any and all liability in connection with User Submissions. The Vindicator does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and The Vindicator will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Vindicator reserves the right to remove Content and User Submissions without prior notice. The Vindicator will also terminate a User's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. The Vindicator also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Vindicator may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
Termination or suspension of your access.
The Vindicator may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any interactive forum, postings and features, of the Site or the Content, at any time. The Vindicator may also impose limits on certain features and services or restrict your access to parts or all of the Site or Content without notice to you or liability on the part of The Vindicator. The Vindicator may terminate the authorization, access, rights and license granted herein and, upon such termination, you shall immediately destroy all material and information gained from your access to the Site or others’ use of the Site who gain access through your system or to whom you have provided access to Content. The Vindicator has no duty to explain why it has terminated or suspended that access. Your access to this Site may be monitored by The Vindicator.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE, CONTENTS AND USER SUBMISSIONS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, The Vindicator, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, CONTENT, USER SUBMISSIONS AND YOUR USE THEREOF. The Vindicator MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
Limitation of Liability.
IN NO EVENT SHALL, The Vindicator, ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VI) YOUR USE OF OR YOUR INABILITY TO USE EITHER THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT The Vindicator 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 Site is controlled and offered by The Vindicator from its facilities in the United States of America. The Vindicator makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you post, transmit, or submit any User Submissions to the Site in violation of these Terms, you agree to indemnify and hold harmless, The Vindicator, its employees, officers, directors, employees and its agents, successors, and subsidiaries for any and all claims, damages, demands, injuries, liabilities, costs, expenses (including reasonable attorney’s fees) or losses arising from (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. If you have an “account” with the Site to post or submit anything to any interactive forum of the Site, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
Ability to Accept Terms of Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
Changes; Governing Law; Severability; Entire Agreement; Waiver; Assignment; Survival.