The following are terms of a legal agreement (“Agreement”) between you and Virtika, LLC. By accessing, browsing and/or otherwise using this website (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
Virtika may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. Any new Materials (as defined below), Content (as defined below) or features on this Site shall be subject to this Agreement. The current version of this Agreement is dated June 1st, 2010.
This Agreement applies to your access to and use of this Site and does not alter in any way the terms and conditions of any other agreement you may have with Virtika for products or otherwise, unless otherwise directed by Virtika. If you breach any of the terms and conditions of this Agreement, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials and Content and discontinue use of any hyperlinks to this Site.
Copyright. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (the “Materials”) are copyrighted materials of Virtika. Permission is granted to display, copy, distribute, and download the Materials on this Site for personal, noncommercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use without prior written approval of Virtika. You may not “frame” or “mirror” any Material contained on this Site on any other server without prior written permission from Virtika. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are trademarks of Virtika or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Virtika or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Virtika or the Trademark owner. Nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Virtika or the Trademark owner. The misuse of the trademarks displayed on this Site is strictly prohibited.
Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Virtika, or any of Virtika’s products, in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Virtika Trademark or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Virtika’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Virtika has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Virtika does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that Virtika shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Downloadable Materials. Any Materials that are made available to download from this Site are the copyrighted work of Virtika and/or its licensors or suppliers. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on the Site (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. You understand that FD Wear does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Virtika be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site.
Limited Access. Any access or attempt to access other areas of the Virtika computer system or other computer systems through the Site for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Virtika’s prior, express, and written permission. You will not spam or send unsolicited email to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Virtika’s infrastructure.
Additional Use Restrictions. You may only use the services provided by Virtika via the Site (the “Services”) in a manner that, in Virtika’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact Virtika at [email protected]. By way of example, and not limitation, you agree not to:
A. Use the Site for any commercial purpose, such as conducting sales of merchandise or services of any kind.
B. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or any other Content that could give rise to any civil or criminal liability under both domestic and international law. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere.
C. Harm or attempt to harm minors in any way.
D. Impersonate any person, including, but not limited to, the Site owner, a Virtika official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person.
E. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
F. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
G. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
H. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
I. Upload, post or otherwise transmit any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
J. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
K. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
L. Intentionally or unintentionally violate any applicable local, state, national or international law. You shall be responsible for determining what laws or regulations are applicable to your use of the Services.
M. “Stalk” or otherwise harass another.
N. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites.
O. Effectuate security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
P. Harvest or collect information about other Site users without their express consent.
Q. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.
R. Express or imply that any statements you make are endorsed by Virtika without Virtika’s prior written consent.
S. Assist any third party in engaging in any activity prohibited by this Agreement.
Virtika Materials. This Site, the Materials, the Trademarks and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof are and shall remain the sole and exclusive property of the Virtika mark or its licensors. You acknowledge and agree that you do not acquire any ownership rights by using the Site or the Materials. You agree not to copy, modify, adapt, sublicense, distribute, translate, sell, lease, reverse assemble, reverse engineer, decompile, or disassemble any portion of the Site or the Materials.
User Content. Virtika does not claim ownership of the Content you provide to Virtika (including feedback and suggestions) or post, upload, input or submit to the Site. However, by posting, uploading, inputting, providing or submitting your Content, you are granting Virtika and its licensors a perpetual, worldwide, royalty-free right to use your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; to publish your name in connection with your Content; and the right to sublicense such any such rights. No compensation will be paid with respect to the use of your Content as provided herein. Virtika is under no obligation to post or use any Content you may provide and Virtika may remove any Content at any time in its sole discretion. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.
Monitoring The Site
We have the right, but no obligation, to monitor the Site. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. You also acknowledge that Virtika may establish general practices and limits concerning use of the Site, including without limitation, limiting the maximum number of days that message board postings or other uploaded content will be retained by the Site, the maximum disk space that will be allotted on Virtika servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Virtika has no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site. You acknowledge that Virtika reserves the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time.
DISCLAIMER OF WARRANTIES
This Site, including all software, functions, materials, and information, is provided ON A “as is” AND “AS AVAILABLE” BASIS without warranties of any kind, either express or implied. Virtika disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, title, merchantability of computer programs, data accuracy, system integration, and informational content. Virtika does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of this Site or any other sites linked to this Site. Virtika does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Virtika does not warrant that this Site, THE materials, THE products, or THE services will be uninterrupted, DEFECT-FREE or error-free or that any defects in this Site, THE materials, THE products, or THE services will be corrected.
LIMITATION OF LIABILITY
In no event will Virtika or ITS LICENSORS or SUPPLIERS be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any websites linked to this Site, the materials or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless Virtika, its licensors or suppliers and the respective directors, officers, employees, consultants, agents, and other representatives of any of the foregoing from and against any and all claims, damages, losses, costs (including attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site and any Services
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Virtika’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Virtika in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Virtika. This Agreement may not be assigned in any manner by you without the express, prior written permission of Virtika. Unless otherwise specified, the Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Boulder, Colorado (the “Colorado Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Colorado Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Colorado Courts represent the exclusive jurisdiction for all disputes relating to this Agreement. Virtika shall be entitled to all attorneys’ fees and costs in connection with enforcing any provision of this Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.