By using or visiting this website or any Vitor Media, LLC (collectively, “VM”, “We”, “Our” or “Us”) website, mobile apps, connected TV channel, software and data feeds (collectively, the “Services”), you (“You” or “Your”) signify your agreement to both these terms and conditions (the “Terms of Service”) and the terms and conditions of Vitor Media’s privacy notice, which are published at vitormedia.com, and which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Services.
By accessing or using the Services, you affirm that you are of legal age to enter into this agreement, or if you are not, then your parent or guardian has entered into this agreement on your behalf.
By accessing or using the Services, You agree to the Terms of Service. We reserve the right, in Our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of the Terms of Service and to review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services, at any time. We shall endeavor to notify You of these changes by email or by making available the revised version of the Terms of Service through or in connection with the Services. You can determine when We last changed the Terms of Service by referring to the “Last Updated” legend above. If any future changes to this Terms of Service are unacceptable to You or cause You to no longer be in compliance with this Terms of Service, then You must terminate, and immediately stop using the Services. Your access to or use of the Services following changes to the Terms of Service shall constitute Your acceptance of those changes. Notwithstanding the foregoing, any changes to the Terms of Service shall not apply to any dispute between You and VM prior to the date on which We posted the revised version of this Terms of Service incorporating such changes or otherwise notified You of such changes. We may, at any time, temporarily or permanently modify or discontinue, in whole or in part, any or all of the Services; change, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
The Terms of Service apply to all users of the Services, including users who are also contributors of video or text content, information, and other materials or services on the VM web site, mobile apps and connected TV apps. The Services may contain links to third party websites that are not owned or controlled by VM. VM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VM will not and cannot censor or edit the content of any third-party site. By using the services, you expressly relieve VM from any and all liability arising from your use of any third-party website or app. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.
Your email address will only be used for the purposes of contacting you and other users in order to fulfill the services offered by Company. This may include Company newsletters, friend’s invitations, notes about your results, etc. Email addresses will never be provided to any third party, without a written approval, or an electronic consent from you. Users can opt out from Company newsletters and from other email related activities by providing the company with a written notice (email is sufficient).
VM hereby grants you permission to use the Services as set forth in this Terms of Service, provided that:
VM respects the intellectual property of others and expects its users to do the same. If You believe in good faith that any material available on or accessible through the Services infringe upon Your copyright, then You (or Your agent) may send VM a notice requesting that VM remove the material or block access to it. Similarly, if You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, then the DMCA permits You to send VM a counter-notice. Notices and counter-notices must include the following information and be sent to VM’s designated agent, or Registered Agents Inc., 90 State Street, STE 700 Office 40, Albany, New York 12207:
Please note, notices and counter-notices must meet then-current statutory requirements imposed by the DMCA. See copyright.gov for details. We suggest that You consult Your legal advisor before filing a notice or counter-notice.
USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES 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 SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. VM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE SERVICES, THIRD PARTY CONTENT AND INFORMATION AND MATERIAL MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “MATERIALS”) MAY CONTAIN INACCURATE, INCOMPLETE OR OUT-OF-DATE INFORMATION. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY RELEASE VM OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING WITHOUT LIMITATION, CLAIMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF VM IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
IN NO EVENT SHALL VM’S TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES AND/OR THE MATERIALS, EXCEED $10 (TEN US DOLLARS).
You agree to defend, indemnify and hold harmless VM, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VM without restriction.
These Terms of Service shall be governed by laws of the State of New York, USA, without respect to its conflict of laws principles. Any claim or dispute between you and VM that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New York. Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion.
These Terms of Service, together with the Privacy Policy at vitormedia.com/privacy and any other legal notices published by VM on the Website or apps, shall constitute the entire agreement between you and VM concerning the Services. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Your use of the Services following any amendment of the Terms of Service will signify your agreement and acceptance of its revised terms.
If you have any questions about the Terms of Service or the Services, then please email VM at [email protected] or fill out the contact form at vitormedia.com/contact.
Last updated: September 13, 2018.
