Standard Terms and Conditions - Marketplace
1. Acceptance of Terms
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Marketplace, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Marketplace. You understand that VCG does not control, and is not responsible for Content made available through the Marketplace, and that by using the Marketplace, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Marketplace may contain links to other websites which are completely independent of VCG. VCG makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. 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 VCG 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, emailed or otherwise made available via the Marketplace. VCG shall have the right (but not the obligation) at its sole discretion to refuse, delete or move any Content that is available via the Marketplace, for violating the letter or spirit of the Terms or for any other reason.
3. Privacy and Information Disclosure
You agree not to post, email, or otherwise make available any Content:
-that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harmful to minors in any way;
-that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
-that impersonates any person or entity, including but not limited to a VCG employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
-that includes personal or identifying information about another person without that person’s explicit consent;
-that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
-that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
-that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
-that constitutes or contains any form of advertising or solicitation if emailed to VCG users who have requested not to be contacted about other Marketplace, products or commercial interests.
-that includes links to other commercial market place, classified ad, or online selling sites
-that advertises any illegal Marketplace or the sale of any items the sale of which is prohibited, restricted. regulated by applicable local, state or federal law.
-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;
-that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Marketplace, or that otherwise negatively affects other users’ ability to use the Marketplace; or
-that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Marketplace.
Additionally, you agree not to:
-contact anyone who has asked not to be contacted;
-“stalk” or otherwise harass anyone;
-collect personal data about other users for commercial or unlawful purposes;
-use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Marketplace — exception is made for Internet search engines (e.g. Google) that comply with our robots.txt file;
-post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
-attempt to gain unauthorized access to VCG’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Marketplace or and of VCG's websites.Your interactions with organizations and/or individuals found on or through the Marketplace, including payment and delivery of goods or Marketplace, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that VCG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that VCG is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release VCG, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Marketplace.
5. Limitations on Marketplace
You acknowledge that VCG may establish limits concerning use of the Marketplace, including the maximum number of days that Content will be retained by the Marketplace, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Marketplace, and the frequency with which you may access the Marketplace. You agree that VCG has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Marketplace. You acknowledge that VCG reserves the right at any time to modify or discontinue the Marketplace(or any part thereof) with or without notice, and that VCG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Marketplace.
6. Termination of Marketplace
You agree that VCG, at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Marketplace(or any part thereof), immediately and without notice, and remove and discard any Content within the Marketplace, for any reason, including, without limitation, if VCG believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that VCG shall not be liable to you or any third party for any termination of your access to the Marketplace. Further, you agree not to attempt to use the Marketplace after said termination.
7. Proprietary rights
The Marketplace is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Marketplace is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work is prohibited. Copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Marketplace, and agree to abide by any and all copyright notices displayed on the Marketplace. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Marketplace. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Marketplace.
Although VCG does not claim ownership of content that its users post, by posting Content to any public area of the Marketplace, you automatically grant, and you represent and warrant that you have the right to grant, to VCG an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
8. Disclaimer of Warranties
YOU AGREE THAT USE OF THE MARKETPLACE IS ENTIRELY AT YOUR OWN RISK. THE MARKETPLACE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VCG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MARKETPLACE. TO THE FULLEST EXTENT PERMITTED BY LAW, VCG DISCLAIMS ANY WARRANTIES FOR OTHER MARKETPLACE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MARKETPLACE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VCG DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MARKETPLACE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL VCG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MARKETPLACE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MARKETPLACE, FROM INABILITY TO USE THE MARKETPLACE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MARKETPLACE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER MARKETPLACE OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MARKETPLACE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MARKETPLACE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold VCG, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Marketplace, your use of the Marketplace, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. General information
The Terms constitute the entire agreement between you and VCG and govern your use of the Marketplace, superseding any prior agreements between you and VCG for your use of the Marketplace. The Terms and the relationship between you and VCG shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and VCG agree to submit to the personal and exclusive jurisdiction of the courts located within Minnesota. The failure of VCG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Marketplace or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing us at vcgcorporate.com/contactus. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.