VAST RANK AGREEMENT - TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY! DESCRIBED BELOW ARE YOUR RIGHTS
AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN
YOU AND Admired Media, LLC REGARDING YOUR USE OF OUR INTERNET WEBSITE SERVICE WWW.VASTRANK.COM.
BY USING THE SERVICE, INCLUDING VIEWING CONTENT, YOU AS AN INDIVIDUAL
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND
Admired Media, LLC (WHETHER OR NOT YOU CHOOSE TO BECOME A MEMBER). YOUR ACCESS TO
AND USE OF WWW.VASTRANK.COM IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH
THESE TERMS AND CONDITIONS.
These are official terms and conditions ("Terms of Use") and form a
legally binding agreement between you and Admired Media, LLC ("VAST RANK",
"we", "us", or "our") regarding your use of VAST
RANK’s internet web site located at http://www.vastrank.com (the “Site”), as
well as the associated web pages services, features and functions made
available by VAST RANK and this Site (individually and collectively, the "VAST
RANK Services"). The term "VAST RANK Services" also includes any
and all branded, equivalent, mirror, replacement, substitute or backup websites
and web pages and those containing authorized content owned by VAST RANK. This
Agreement includes VAST RANK’s policy for acceptable use of VAST RANK Services
and content posted on the Site, your rights, obligations and restrictions
regarding your use of VAST RANK Services and VAST RANK’s Privacy Policy. In
order to participate in VAST RANK Services, you may be required to download
software or content and/or agree to additional terms and conditions. Unless
otherwise provided by the additional terms and conditions applicable to VAST
RANK Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement.
TERMS OF SERVICE:
VAST RANK Services are offered and made available only to users 13 years of age
or older - VAST RANK Services is not intended for children under 13. Your
account may be terminated without warning, if we believe, in our sole
discretion, that you are under 13 years of age. If you are between the ages of
13 and 18, you are confirming to us that you have received your
parent’s/guardian’s express consent to do so and that your parent/guardian (i)
has read and, on your behalf, agrees to be bound by these Terms of Use, (ii) is
not a minor and is entering into this Agreement on behalf of you, the minor and
(iii) understands, agrees and shall be fully responsible for you, their
minor’s, use of the VAST RANK Services. If your parent or legal guardian does
not agree to (or cannot comply with) these or any of the other terms and
conditions in these Terms of Use or he or she does not wish you to register for
the VAST RANK Services, do not click the “I Accept” box and do not use or
attempt to use the VAST RANK Services. If, for any reason and at any time, you
do not agree with all of the terms and conditions contained in these Terms of
Use, please do not use VAST RANK Services. Use of VAST RANK Services is void where
prohibited.
By using VAST RANK Services, you understand, acknowledge and agree to be bound
by the Agreement and that you will abide by the terms and conditions of our
Agreement with you, whether you are a "Guest", meaning that you
simply browse the Site or you are a "Member" meaning that you have
registered with VAST RANK. The term "User" refers to a Guest or a
Member. When we use the term "Agreement" we are referring to these
Terms of Use, as well as any additional terms and conditions that apply to and
govern your use of Content, Postings, and Communities, (all as defined below),
any features, functions and services we make available to you from time to time
through our VAST RANK Services, any official rules which apply to your
participation in promotions, contests, sweepstakes, award programs,
memberships, e-mail and/or newsletters ("Rules") and any additional
terms and conditions referred to in any of the foregoing documents. These Terms
of Use and our use of the term "Agreement" also includes our Privacy Policy. All of
these are hereby incorporated into our Agreement with you by this reference and
this Agreement will remain in full force and effect as long as you are a user
of VAST RANK Services, even if your use of or participation in any particular
service, feature, function or promotional activity terminates, expires, ceases,
is suspended or deactivated for any reason.
The words "use" or "using" in this Agreement, means any
time a User, directly or indirectly, with or without the aid of a machine or
device, does or attempts to access, interact with, use, display, view, print or
copy from VAST RANK Services, transmit, receive or exchange data or communicate
with the VAST RANK Services, or in any way utilizes, benefits, takes advantage
of or interacts with any function, service or feature of the VAST RANK
Services, for any purpose whatsoever. This Agreement does not cover your rights
or responsibilities with respect to third party content or any web sites or
links that may direct your browser or your connection to third party web sites
or web pages.
Please choose carefully the information you post on VAST RANK Services and that
you provide to other Users. Your Postings may not include the following items:
any photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other Users may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services,
and VAST RANK assumes no responsibility or liability for this material. If you
become aware of misuse of VAST RANK Services by any person, please contact us
at urgent@vastrank.com.
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by VAST RANK without
restriction or notice to you.
1. REGISTRATION
This Agreement shall remain in full force and effect while you use VAST RANK
Services or are a User. There are portions of VAST RANK Services and this Site
that we make available to Users in the general public without registering and
you may visit and browse those portions without charge or obligation; provided,
however, we reserve the right to make changes, limit or restrict those portions
at any time and from time to time in our discretion, without notice to you.
VAST RANK reserves the right, in its sole discretion, to reject, refuse to post
or remove any posting, including email, by you, or to restrict, suspend, or
terminate your access to all or any part of VAST RANK Services at any time, for
any or no reason, with or without prior notice, and without liability. Even
after your account is terminated, this Agreement will remain in effect,
including all sections.
You acknowledge that VAST RANK reserves the right to charge for VAST RANK
Services and to change its fees from time to time in its discretion. If VAST
RANK terminates your account because you have breached the Agreement, you shall
not be entitled to the refund of any unused portion of fees.
In order to access and use certain services, features or functions of the VAST
RANK Services, we require users to register and create an account. As part of
the registration process, you will need to select and provide us with a unique
user name and choose a password which must form a unique combination (a
"User ID"), you shall provide your valid e-mail address, and we may
request that you provide other information that we may require. We may also,
from time to time and at any time, provide users with additional codes or
passwords necessary to access and use certain services, features or functions
of the VAST RANK Services. Please read our Privacy Policy, which
describes the non-public, personally identifiable information ("Personal
Information") we collect, use, disclose, manage and store. When creating
your account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs with your User ID and you must
keep your account password secure. You are entirely responsible for maintaining
the confidentiality of your password. Your User ID is personal to you and you
may not allow any others to use your User ID under any circumstances. You may
never use another's account without permission. We are not liable for any harm
caused or related to the theft or misappropriation or disclosure of all or any
portion of your User ID, disclosure or your authorization of anyone else to use
your User ID. You agree to immediately notify VAST RANK if you become aware of
or believe there is or may have been any unauthorized use of (or activity
using) your User ID or any other need to deactivate your User ID due to
security concerns. Although VAST RANK will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of VAST
RANK or others due to such unauthorized use.
2. MODIFICATIONS
VAST RANK may modify this Agreement from time to time at our sole discretion
and such modification shall be effective upon posting by VAST RANK on the Site.
We will post or display notices of material changes on this Site and we may
also e-mail you about these changes. Once we post them on VAST RANK Services,
these changes become effective immediately and if you use the VAST RANK
Services after they become effective it will signify your agreement to be bound
by the changes. You should check back frequently and review the terms and
conditions of this Agreement regularly so you are aware of the most current
rights and obligations that apply to you and the terms and conditions of your
agreement with us. We reserve the right to change, modify, withdraw, suspend or
even permanently discontinue all or any portions of the VAST RANK Services at
any time, without any liability or obligation to you, with or without notice.
3. PRIVACY
We respect your privacy and the use and protection of your Personal
Information. Please see our Privacy
Policy for important information and disclosures relating to the collection
and use of your Personal Information in connection with your use of VAST RANK
Services. If you have any questions regarding VAST RANK’s privacy practices,
you may send your question to us by e-mail to urgent@vastrank.com.
4. OWNERSHIP AND PROPRIETARY RIGHTS
VAST RANK Services, except all User Submissions (as defined below), including
without limitation , all content, media and materials, all VAST RANK software,
code, design, text, scripts, messages, images, photographs, illustrations,
audio and video material, media files, artwork, graphic material, articles,
databases, proprietary information, writings, spoken statements, music, video
recordings, audio-visual works and recordings, slides, portraits, works of
authorship, animated and/or motion pictures, interactive features, caricatures,
likenesses, profiles, vocal or other sounds, sound recordings, voices, voice
reproductions, computer graphics and visual effects, as well as any
accompanying documentation, packaging or other materials, tangible or
intangible, and all copyrightable or otherwise legally protectible elements of VAST
RANK Services, including, without limitation, the selection, sequence and 'look
and feel' and arrangement of items, and all derivative works, translations,
adaptations or variations of same, regardless of the medium, broadcast medium,
format or form, now known or hereinafter developed or discovered, and
regardless of where produced, on location, in a studio or elsewhere, in
black-and-white or in colors, alone or in conjunction with other work,
characters, real or imaginary, in any part of the world (all of the foregoing,
individually and/or collectively, is referred to herein as "Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed VAST RANK and/or its affiliates,
and their Advertisers (as defined in Section 7 below), licensors, suppliers,
service providers, promotional partners and/or sponsors, subject to copyright
and other intellectual property rights under United States and foreign laws and
international conventions. Our Content is legally protected, without
limitation, under U.S. Federal and State, as well as applicable foreign laws,
regulations and treaties. Unless the context clearly requires otherwise or we
explicitly say so in writing, the term "VAST RANK Services" includes
"Content" as well.
Content on the Site is provided to you AS IS for your information and personal
use only. VAST RANK Services contain Content of Users and other VAST RANK
licensors. Except for Content posted by you and unless we explicitly and
specifically notify you otherwise in writing, you shall not, nor will you allow
any third party, whether or not for your benefit, to reproduce, use, copy,
modify, adapt, translate, create derivative works from, display, perform,
publish, post, distribute, sell, license, upload, transmit, disseminate,
broadcast or circulate to any third party (including, without limitation, on or
via a third party website) or otherwise exploit, any Content, including User
Submissions, without the express prior written consent of VAST RANK. VAST RANK
authorizes you to access Content and grants you the right to use VAST RANK
Services solely for your non-commercial, non-exclusive, non-assignable,
non-transferable and limited personal use and for no other purpose whatsoever.
You must not alter, delete or conceal any copyright or other notices contained
on VAST RANK Services including notices on any Content you download, transmit,
display, print or reproduce from VAST RANK Services. VAST RANK reserves all
rights not expressly granted in and to the Site and the Content. If you
download or print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features of VAST
RANK Services or features that prevent or restrict use or copying of any
Content or enforce limitations on use of VAST RANK Services or the Content
therein. Any unauthorized or prohibited use of any Content, including use in
contravention of this Agreement, may subject you to civil liability, criminal
prosecution, or both.
By displaying or publishing ("posting") any Content, or any other
materials on or through VAST RANK Services, you hereby grant to VAST RANK a
non-exclusive, fully-paid and royalty-free, worldwide license (with the right
to sublicense through unlimited levels of sublicensees) to use, copy, modify,
adapt, translate, publicly perform, publicly display, store, reproduce,
transmit, and distribute such Content on and through VAST RANK Services. This
license will terminate at the time you remove such Content from VAST RANK
Services. You represent and warrant that: (i) you own the Content posted by you
on or through VAST RANK Services or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content on or
through the Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You agree to pay
for all royalties, fees, and any other monies owing any person by reason of any
Content posted by you to or through VAST RANK Services.
We have no obligation to maintain or store any Content posted by you. We have
the right to delete any Content for any reason or no reason, including but not
limited to service cancellation or violation of this Agreement. Once deleted,
any Content you have stored on or through the VAST RANK Services cannot be
retrieved.
You may not use any computerized or automatic mechanism,
including without limitation, any web scraper, offline reader, spider or robot,
to access, extract or download any Content from the VAST RANK Services, unless
you are expressly authorized to do so by VAST RANK. You agree not to use or
launch any automated system that accesses the Site in a manner that sends more
request messages to VAST RANK servers in a given period of time than a person
can reasonably create in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, VAST RANK grants the operators of
public search engines permission to use spiders to copy materials from the site
for the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. VAST RANK reserves the
right to revoke these exceptions either generally or in specific cases. You
agree not to collect or harvest any personally identifiable information,
including account names, from the Site, nor to use the communication systems
provided by the Site for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Site with respect to their
User Submissions. As an express condition of your use of the VAST RANK
Services, you warrant to VAST RANK that you will not use VAST RANK Services for
any unlawful purpose or purpose prohibited by this Agreement. If you violate
any part of this Agreement, your permission to use the Content automatically
terminates and you must immediately destroy any copies you have made of any of
the Content. VAST RANK makes no representation that any Content is legal or
appropriate for use outside of the United States or that it is authorized for
export from the United States or for import into any other country. You are
solely responsible for complying with all import and export laws and
regulations and all applicable laws of any jurisdiction inside and outside of
the United States from which you may access VAST RANK Services.
VAST RANK’s Content is protected by copyright, trademark, patent, trade secret
and other laws, and VAST RANK owns and retains all rights to its Content and VAST
RANK Services. We require Users to respect our copyrights, trademarks, and
other intellectual property rights and those of others, including other Users.
On notice, we will act expeditiously to remove content on the VAST RANK
Services that infringes the copyright rights of others and will disable the
access to VAST RANK Services, this Site and its services of anyone who uses them
repeatedly to infringe the intellectual property rights of others. Specific
procedures to notify us about copyright infringement can be found in this
Agreement which describes our Notice and Procedure for Making Claims of
Copyright Infringement.
The brands, names, logos, trade names, trademarks, service marks and other
distinctive identifications ("marks") on or of VAST RANK Services,
including, without limitation, "VAST RANK " and "vastrank.com",
are the intellectual property of, and proprietary to Admired Media, LLC, its affiliates,
its or their Advertisers, suppliers and others with whom these entities may do
business. You have no right to use any of these marks or any confusingly
similar marks for any purpose without the express prior written consent of VAST
RANK.
5. WEB COMMUNITIES, FORUMS, POSTINGS VAST RANK
Services may contain forum services, web communities and other message and
communication facilities ("Communities") that may provide you and
other users an opportunity to submit, upload, post, display, transmit and/or
exchange information, ideas, opinions, information, files, messages,
transmissions and Content with other users and/or with us and these are
referred to in this Agreement as a "Post" or "Posting," and
are collectively ("User Submissions"). You understand that whether
or not such User Submissions are published, VAST RANK does not guarantee any
confidentiality with respect to any submissions. VAST RANK reserves the right
at all times, but does not have the obligation to edit, refuse to post, or to
remove any Posting, in whole or part, that VAST RANK deems inappropriate for
inclusion in the Communities, for any reason or for no reason. VAST RANK may
delete any Content that in the sole judgment of VAST RANK violates this
Agreement or which may be offensive, illegal or violate the rights, harm, or
threaten the safety of any person. VAST RANK assumes no responsibility for
monitoring the Services for inappropriate Content or conduct. If at any time VAST
RANK chooses, in its sole discretion, to monitor VAST RANK Services, VAST RANK
nonetheless assumes no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content. Communities are public and not private
and you should assume your Postings will be read by others, with or without
your knowledge or permission. Although a particular Community may have a
policy of limited membership or access, VAST RANK shall have no liability if
unauthorized persons nevertheless obtain access to the Community. Your use of
the Communities is at your own risk and you should not disclose or make
available your personal information in any Posting or in any Community.
Remember that once you have uploaded your Posting, you will not be able to
remove it. Your Posting will become public upon your election through the VAST
RANK Services, and in some cases permanent.
We do not endorse and have no control over the User Submissions. You
understand that when using VAST RANK Services, you will be exposed to User
Submissions from a variety of sources, and that VAST RANK is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You use the Communities solely at your own
risk, you are solely responsible for the Content that you post on or through
any of VAST RANK Services, and any material or information that you transmit to
other Members and for your interactions with other Users. 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 VAST RANK with respect thereto, and agree to indemnify and hold VAST
RANK, its owners and Operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your use of the
site. VAST RANK neither endorses nor controls user Postings available,
delivered or displayed in the Communities and VAST RANK assumes no duty to
monitor or endorse Postings within the Communities, nor does VAST RANK
represent or guarantee the truthfulness, accuracy or reliability thereof or
that any Posting complies with the terms or conditions of this Agreement and
you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User
ID are the sole responsibility of the individual associated with that User ID.
This means that you, and not us or VAST RANK Services, are entirely responsible
for the consequences of all your Postings on the Communities or otherwise on VAST
RANK Services. Postings do not reflect the views of VAST RANK or any
Affiliates. In no event shall VAST RANK or any affiliates have or be construed
to have any responsibility or liability for or in connection with any Posting
whatsoever; provided, however, if we determine, in our sole discretion and
judgment, that any Posting does or may violate any of the terms of this
Agreement, we reserve the right, at any time and without limiting any and all
other rights we may have under this Agreement, at law or in equity, to: (a)
refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your
right to use the Communities and VAST RANK Services; and/or (d) use any
technological, legal, operational or other means available to us to enforce the
provisions of this Agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration on VAST RANK Services, this Site
and/or the Communities. You retain all of your ownership rights in your User
Submissions. If a Posting originates from you or your User ID, you hereby agree
that:
(a) you are placing the Posting in the public domain without reservation of any
rights, or further control over the Posting or its use, unless you have limited
access to such Posting through the VAST RANK Services, and you specifically
authorize VAST RANK Services and Affiliates to use such Posting in whole or in
part, throughout the universe, and you are automatically granting VAST RANK and
Affiliates a royalty-free, worldwide, perpetual, irrevocable, unrestricted,
unconditional, non-exclusive, transferable license to use, reproduce, modify,
publish, edit, adapt, create derivative works from, translate, distribute,
perform, display and otherwise exploit such Posting and all elements thereof
alone or as part of other works in any form, media, or technology, whether now
known or hereafter developed or discovered, in connection with VAST RANK
Services and VAST RANK’s (and its successor's) business, including without
limitation for promoting and redistributing part or all of VAST RANK Services
(and derivative works thereof) in any media formats and through any media
channels, and to license and sub-license such rights through multiple tiers of
sub-licenses, all without any notification or obligation to you, of
compensation, attribution or otherwise. You also hereby grant each user of VAST
RANK Services 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 and under these Terms of Use. The foregoing license
granted by you terminates once you remove or delete a User Submission from VAST
RANK Services;
(b) you represent and warrant that (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize VAST RANK 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 these Terms of Use; the
Posting is original to you or fully cleared for use as contemplated herein,
(ii) the Posting does and will not, in any way, violate or breach any of the
terms of this Agreement, (iii) the Posting does not contain libelous, tortious,
obscene, defamatory, threatening, pornographic, 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 otherwise unlawful
or inappropriate information, infringe or violate any copyright 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 VAST
RANK all of the license rights granted herein, violate any other right, or
contain any matter the publication or sale of which will violate any law,
regulation or other governmental requirement or restriction, (iv) you have the
written consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness 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 these Terms of
Use, (v) the Posting will not contain falsehoods or misrepresentations that
could damage VAST RANK or any third party, (vi) the Posting shall not be
damaging or injurious to VAST RANK, any Affiliates or any user, (vii) you will
not post advertisements or solicitations of business; (viii) you will not
impersonate another person ,and (ix) we shall not be required to pay or incur
any sums to any person or entity as a result of our use or exploitation of the
Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark,
voice, likeness or image of any person, firm or enterprise, you specifically
represent and warrant that you have the right to place such Posting in the
public domain and grant and Affiliates the right to use such Posting as
described above; and
(d) we have the right to delete, re-format and/or change your Posting in any
manner that we may determine (although you will not be responsible for any such
changes made). VAST RANK does not permit copyright infringing activities and
infringement of intellectual property rights on its Site. You may not post,
modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary rights. VAST
RANK will remove all Content and User Submissions if properly notified that
such Content or User Submission infringes on another's intellectual property
rights. VAST RANK reserves the right to remove Content and User Submissions
without prior notice. VAST RANK will also terminate a User's access to VAST
RANK Services, 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. VAST
RANK also reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Use 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. VAST RANK may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of Use at any
time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe
that any User Submission or other 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 (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) 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
(vi) 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.
To contact VAST RANK’s designated Copyright Agent, please see the Notice and
Procedure for Making Claims of Copyright Infringement in this document. The
amount of storage space on VAST RANK Services per user is limited and some
Postings may not be processed due to space constraints or outbound message
limitations. You understand, acknowledge and agree we assume no responsibility
for deletion of Postings or any failure to store, receive or deliver Postings
in a timely manner or at all or as to any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner
which does or is intended to promote or generate revenue for any business
enterprise or commercial activity. VAST RANK permits you to link to materials
on the Site for personal, non-commercial purposes only.
You are solely responsible for your interactions with other VAST RANK Members. VAST
RANK reserves the right, but has no obligation, to monitor disputes between you
and other Members.
6. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
If you believe VAST RANK Services contains elements that infringe your
copyrights in your work, please go directly to our Notice and Procedure for
Making Claims of Copyright Infringement and follow the procedures described.
If you believe that any Content on VAST RANK Services (including, without
limitation, any Posting) violates any of the terms or conditions of this
Agreement, please contact us at urgent@vastrank.com.
We cannot guarantee that we will respond to your message and we reserve the
right to take or refrain from taking any or all steps available to us once we
receive any such message.
7. ADVERTISING
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties such as our advertisers, sponsors,
or promotional partners ("Advertisers") as a result of or in
connection with your use of VAST RANK Services or a hyperlinked site. All such
communication, interaction and participation is strictly and solely between you
and the Advertiser involved and we shall not be responsible or liable to you in
any way in connection with these activities or transactions (including, without
limitation, any representations, warranties, covenants, contracts or other
terms or conditions that may exist between you and the Advertiser or any goods
or services you may purchase or obtain from any Advertiser). VAST RANK will not
be a party to or is in no way responsible for monitoring any transaction
between you and an Advertiser. You should use your best judgment and exercise
caution where appropriate.
8. RULES OF CONDUCT
Your use of VAST RANK Services is subject to all applicable local, state,
national laws and regulations and, in some cases, international treaties. You
are solely responsible for all activities, acts and omissions that occur in,
from, through or under your User ID. The following is a partial list of the
kind of Content and activity that is illegal or prohibited to post on or
through the Services. VAST RANK reserves the right to investigate and take
appropriate legal action against anyone who, in VAST RANK’s sole discretion,
violates this provision, including without limitation, removing the offending
communication from VAST RANK Services and terminating the accounts of such
violators; and/or reporting you to law enforcement authorities. Prohibited
Content and/or activity include, but are not limited to Content and/or activity
that, in the sole discretion of VAST RANK are itemized below. You shall not
use, allow, or enable others to use VAST RANK Services, or knowingly condone
use of VAST RANK Services by others, in any manner that is, attempts to, or is
likely to:
1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene,
pornographic, sexually explicit, sexually suggestive or sexually or violently
exploitative, racially, culturally, or ethnically offensive, harmful, harassing
or advocating harassment of another person, promoting bigotry, hatred or physical
harm of any kind against any group or individual, intimidating, threatening,
hateful, objectionable, discriminatory, or abusive, or which may or may appear
to impersonate anyone else;
2) submit any Content that contains nudity, violence, or is of an offensive
subject matter;
3) affect us adversely or reflect negatively on us, VAST RANK, VAST RANK
Services, this Site, our goodwill, name or reputation or cause duress, distress
or discomfort to us or anyone else, or discourage any person, firm or enterprise
from using all or any portion, features or functions of VAST RANK Services, or
from advertising, linking or becoming a supplier to us in connection with the VAST
RANK Services;
4) further or promote any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited
to making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
5) promote information that you know is false or misleading or promote illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
6) criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment, stalking,
spamming, spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
7) promote an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
8) use the Services in a manner inconsistent with any and all applicable laws
and regulations;
9) send or result in the transmission of junk e-mail, chain letters,
duplicative or unsolicited messages and/or mass mailings, instant messaging, or
so-called "spamming," “spimming,” and "phishing";
10) be used for commercial or business purposes without prior written consent,
including, without limitation, advertising, marketing, contests, sweepstakes,
barter, advertising, pyramid schemes or offering goods or services, whether or
not for financial or any other form of compensation or through linking with any
other website or web pages, advertising to, or solicitation of, any User to buy
or sell any products or services through VAST RANK Services. It is also a
violation of these rules to use any information obtained from VAST RANK
Services in order to contact, advertise to, solicit, or sell to any User
without their prior explicit consent. In order to protect our Members from such
advertising or solicitation;
11) You may not transmit any chain letters or junk email to other Users. VAST
RANK reserves the right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number which VAST RANK deems
appropriate in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications of
any kind through VAST RANK Services, you acknowledge that you will have caused
substantial harm to VAST RANK, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay VAST RANK US$50.00 for each such unsolicited email or other
unsolicited communication you send through VAST RANK Services;
12) transmit, distribute or upload programs or material that contain malicious
code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware,
or other potentially harmful programs or other material or information;
13) interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services;
14) forge any TCP/IP packet header or part of the header information in any
e-mail or newsgroup posting for any reason;
15) cover or obscure the banner advertisements on your personal profile page,
or any VAST RANK Services’ page via HTML/CSS or any other means;
16) any automated use of the system, such as using scripts to add friends;
17) sell or otherwise transfer your profile;
18) violate any laws, regulations (including, without limitation, laws
regarding the transmission of technical data or software exported from the
United States), judicial or governmental order, any treaties or violate or
infringe upon any intellectual property rights, rights of publicity or privacy,
or any other rights of ours or of any other person, firm or enterprise; no
Software may be downloaded from the Services or otherwise exported or
re-exported in violation of U.S. export laws. By downloading or using the
Software, you represent and warrant that such download or use is not in
violation of any such law;
19) gain unauthorized access to VAST RANK Services, other users' accounts,
names, User IDs, personally identifiable information or other computers,
websites or pages, connected or linked to VAST RANK Services or to use VAST
RANK Services in any manner which violates or is inconsistent with the terms
and conditions of this Agreement;
20) use the account, username, or password of another User at any time or
disclose your password to any third party or permit any third party to access
your account; or attempt to impersonate another User or person;
21) solicit passwords or personal identifying information for commercial or
unlawful purposes from other Users; or solicit personal information from anyone
under 18;
22) include a photograph or image of another person that you have posted without
that person's consent;
23) provide any telephone numbers, street addresses, last names, URLs or email
addresses;
24) contain restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
25) modify, disrupt, impair, alter or interfere with the use, features,
functions, operation or maintenance of VAST RANK Services or the rights or use
and enjoyment of VAST RANK Services by any other person, firm or enterprise; or
26) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view
or display any material or information, whether personally identifiable or not,
posted by or concerning any other person, firm or enterprise, in connection
with their or your use of VAST RANK Services, unless you have obtained the
express, prior permission of such other person, firm or enterprise to do so.
9. PROMOTIONS
From time to time, VAST RANK, its affiliates, or VAST RANK Services service
providers, suppliers, and Advertisers may conduct promotions on or through the VAST
RANK Services, including, without limitation, auctions, contests and
sweepstakes ("Promotions"). Each Promotion may have additional Rules
which will be posted or otherwise made available to you and, for purposes of
each Promotion, will be deemed incorporated into and form a part of this
Agreement; provided, however, if there is any conflict between the Rules for
any particular Promotion and these Terms of Use, the Rules shall govern for
that Promotion.
10. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or
included anywhere on VAST RANK Services or any other form of link or
re-direction of your connection to, with or through VAST RANK Services, does
not constitute an endorsement by, nor does it incur any obligation,
responsibility or liability on the part of VAST RANK, its Affiliates or any of
its or their respective officers, directors, employees, agents,
representatives, licensors, suppliers, and service providers, successors and
permitted assigns. We do not verify, endorse, or have any responsibility for,
any such third party sites, their business practices (including the Privacy Policy),
or any goods or services associated with or obtained in connection with any
such site, whether VAST RANK or any Affiliates' logo or sponsorship
identification is on the third party site as part of a co-branding or
promotional arrangement.
If any third party site obtains or collects Personal Information from you, in
no event shall we assume or have any responsibility or liability. Please read
our Privacy Policy, which describes how VAST RANK collects and uses your
Personal Information and co-branding relationships.
These Terms of Use apply to all users of VAST RANK Services, including users
who are also contributors of video content, information, and other materials or
services on the Site. VAST RANK Services may contain links to third party
websites that are not owned or controlled by VAST RANK. VAST RANK has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, VAST RANK will not and
cannot censor or edit the content of any third-party site. By using the Site,
you expressly relieve VAST RANK from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be aware when
you leave this Site and to read the terms and conditions and privacy policy of
each other website that you visit.
11. TERMINATION OF YOUR REGISTRATION
You may terminate your registration and User ID, at any time and for any
reason, by sending an e-mail to urgent@vastrank.com
with your username, password, and e-mail address and requesting termination of
your registration. We will use commercially reasonable efforts to promptly
remove your registration from the VAST RANK Services and the Site. We may
terminate your use of and registration on VAST RANK Services and this Site, at
any time and for any reason, with or without cause, without prior notice to you
and without any liability or further obligation of any kind whatsoever to you
or any other party.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
VAST RANK SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS
AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN ADDITION, VAST RANK MAKES AND PROVIDES NO GUARANTY OR
ASSURANCE VAST RANK SERVICES OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION
OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL
BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.
WITHOUT LIMITING THE FOREGOING, VAST RANK IS NOT RESPONSIBLE OR LIABLE FOR 1)
MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS
ARISING OUT OF YOUR USE OF VAST RANK SERVICES OR ANY SITES LINKED TO VAST RANK
SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING,
BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING VAST RANK
SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH VAST RANK
SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
NEITHER VAST RANK, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR
SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR
INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF VAST RANK SERVICES OR
RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF
THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or
damage shall be to have VAST RANK, upon written notice from you, attempt to
repair, correct or replace any deficient goods or services under this Agreement
and, if repair, correction or replacement is not reasonably commercially
practicable, to refund any monies actually paid by you for the services and/or products
involved and to terminate and discontinue your registration and use of VAST
RANK Services. You further understand and acknowledge the capacity of VAST RANK
Services, in the aggregate and for each user, is limited and some messages and
transmissions may not be processed in a timely fashion or at all, and some
services, features or functions may be restricted or delayed or become completely
inoperable. As a result, you acknowledge and agree that VAST RANK assumes no
liability, responsibility or obligation to transmit, process, store, receive or
deliver transactions or Postings or for any failure or delay associated with
any Postings and you are hereby expressly advised not to rely upon the
timeliness or performance of VAST RANK Services for any transactions or
Postings. Some jurisdictions do not allow for the exclusion of certain
warranties or certain limitations on damages and remedies, accordingly some of
the exclusions and limitations described in this Agreement may not apply to
you.
www.vastrank.com is controlled and offered by VAST RANK from its facilities in
the United States of America. VAST RANK makes no representations that this Site
is appropriate or available for use in other locations. Those who access or use
this Site from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
13. INDEMNIFICATION
You agree to indemnify, defend and hold VAST RANK, its affiliates, subsidiaries
and its and their respective officers, directors, partners, employees, agents,
licensors, representatives, Advertisers, service providers and suppliers
harmless from and against: (i) any and all claims, actions, losses, expenses,
damages, demand, obligation, liabilities, debt and costs (including reasonable
attorneys' fees), resulting from any breach or violation of this Agreement by
you, or resulting from your use of VAST RANK Services and/or Postings and/or any
Content you provide, submit or make available on or through VAST RANK Services
or your unauthorized use of any Content (ii) your violation of any third party
right, including without limitation any copyright, property, or privacy right;
or (iii) any claim that one of your Postings caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Use and
your use of the VAST RANK Services.
VAST RANK reserves the right to assume, at its sole expense, the exclusive defense
and control of any such claim or action and all negotiations for settlement or
compromise, and you agree to fully cooperate with VAST RANK in the defense of
any such claim, action, settlement or compromise negotiations, as requested by VAST
RANK.
14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, including, without limitation, our Privacy Policy, any Rules
and any additional terms and conditions that apply to your use of any specific
services, features and functions or the purchase of any products, as well as
any other documents, policies and provisions we refer to in any of the
foregoing, all of which are hereby incorporated by this reference, contains the
entire understanding and agreement between you and VAST RANK and supersedes any
and all prior, inconsistent or other understandings relating to VAST RANK
Services and your use of VAST RANK Services. This Agreement cannot be modified,
changed or terminated, except as specifically described in Section 2. If any
provision of this Agreement is held to be illegal, invalid or unenforceable,
this will not affect any other provisions and this Agreement will be deemed
amended to the extent necessary to make it legal, valid and enforceable. Any
provision which must survive in order to allow us to enforce its meaning shall
survive termination of this Agreement; provided, however, no action arising out
of this Agreement or your use of VAST RANK Services, regardless of form or the
basis of the claim, may be brought by you more than one year after the cause of
action has arisen (or if multiple causes, from the date the first such cause
arose).
This Agreement and your use of VAST RANK Services shall be governed by,
construed and enforced in accordance with the substantive laws of the State of
New Jersey applicable to contracts made, executed and wholly performed in that
State, and, for the purposes of any and all legal or equitable actions, you
specifically agree and submit to the exclusive jurisdiction and venue of the
State and Federal Courts situated in the State of New Jersey and County of Monmouth
and agree you will not object to such jurisdiction or venue on the grounds of
lack of personal jurisdiction, forum non conveniens or otherwise; provided,
however, that notwithstanding the foregoing, you agree that VAST RANK has the
right to commence and prosecute an action against you in connection with this
Agreement, in your home jurisdiction. To the extent it may be applicable, you
agree to opt out from and expressly exclude any applicability of the Uniform
Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF
THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF VAST RANK SERVICES OR WITH
RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW
HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND VAST RANK SERVICES AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITEF MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
A printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
Copyright ©20068 Admired Media, LLC - All Rights Reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to
Title 17, United States Code, Section 512(c)(2), all notifications of claimed
copyright infringement on VAST RANK Services should be sent ONLY to our
Designated Agent. NOTE: The following information is provided solely for
notifying the service providers referenced below that your Copyrighted material
may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g.,
REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE,
etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO
THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US,
BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS
A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Admired Media, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: Daniel
A. Pepper, Esq. Full Address of Designated Agent to Which Notification Should
Be Sent: Pepper Law Group, LLC, 21. E. High Street, Suite D, New Jersey 08876
Telephone Number of Designated Agent: 908.698.0330
Facsimile Number of Designated Agent: 908.248.9220
E-mail Address of Designated Agent: info@informationlaw.com. For clarity, only
DMCA notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed to
the Webmaster at urgent@vastrank.com.
You acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been
infringed;
(3) A description of the material that you claim is infringing, and the
location where the original or an authorized copy of the copyrighted work
exists (for example, the URL of the page of the website where it is lawfully
posted; the name, edition and pages of a book from which an excerpt was copied,
etc.);
(4) A clear description of where the infringing material is located on our
website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.