AGREEMENT BETWEEN USER AND VAFSMP
VAFSMP should be considered in this document as
the VAFSMP network, and the VAFSMP website.
The VAFSMP Web Site is comprised of various Web pages
operated by VAFSMP.
The VAFSMP Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the VAFSMP Web
Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
VAFSMP reserves the right to change the terms, conditions,
and notices under which the VAFSMP Web Site is offered,
including but not limited to the charges associated with the
use of the VAFSMP Web Site.
LINKS TO THIRD PARTY SITES
The VAFSMP Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control
of VAFSMP and VAFSMP is not responsible for the contents of
any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a
Linked Site. VAFSMP is not responsible for webcasting or any
other form of transmission received from any Linked Site.
VAFSMP is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by VAFSMP of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the VAFSMP Web Site, you
warrant to VAFSMP that you will not use the VAFSMP Web Site
for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the VAFSMP
Web Site in any manner which could damage, disable,
overburden, or impair the VAFSMP Web Site or interfere with
any other party's use and enjoyment of the VAFSMP Web Site.
You may not obtain or attempt to obtain any materials or
information through any means not intentionally made
available or provided for through the VAFSMP Web Sites.
USE OF COMMUNICATION SERVICES
The VAFSMP Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the
public at large or with a group (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and receive
messages and material that are proper and related to the
particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
Upload files that contain software or other material
protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the
operation of another's computer.
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service
specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or
chain letters.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in
a file that is uploaded.
Restrict or inhibit any other user from using and enjoying
the Communication Services.
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
VAFSMP has no obligation to monitor the Communication
Services. However, VAFSMP reserves the right to review
materials posted to a Communication Service and to remove
any materials in its sole discretion. VAFSMP reserves the
right to terminate your access to any or all of the
Communication Services at any time without notice for any
reason whatsoever.
VAFSMP reserves the right at all times to disclose any
information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or
materials, in whole or in part, in VAFSMP's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in
any Communication Service. VAFSMP does not control or
endorse the content, messages or information found in any
Communication Service and, therefore, VAFSMP specifically
disclaims any liability with regard to the Communication
Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not
authorized VAFSMP spokespersons, and their views do not
necessarily reflect those of VAFSMP.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO VAFSMP OR POSTED AT ANY VAFSMP WEB
SITE
VAFSMP does not claim ownership of the materials you provide
to VAFSMP (including feedback and suggestions) or post,
upload, input or submit to any VAFSMP Web Site or its
associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting
your Submission you are granting VAFSMP, its affiliated
companies and necessary sub licensees permission to use your
Submission in connection with the operation of their
Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. VAFSMP is under no
obligation to post or use any Submission you may provide and
may remove any Submission at any time in VAFSMP's sole
discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as
described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE VAFSMP WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. VAFSMP AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
VAFSMP WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE VAFSMP
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
VAFSMP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE VAFSMP WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. VAFSMP AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL VAFSMP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE VAFSMP WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE VAFSMP WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE VAFSMP WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE VAFSMP WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF VAFSMP OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE VAFSMP WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE VAFSMP WEB SITE.
SERVICE CONTACT : admin@vafsmp.com
TERMINATION/ACCESS RESTRICTION
VAFSMP reserves the right, in its sole discretion, to
terminate your access to the VAFSMP Web Site and the related
services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Nevada,
U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in Lyon County, Nevada, U.S.A. in all
disputes arising out of or relating to the use of the VAFSMP
Web Site. Use of the VAFSMP Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation
this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists
between you and VAFSMP as a result of this agreement or use
of the VAFSMP Web Site. VAFSMP's performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of
VAFSMP's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of
the VAFSMP Web Site or information provided to or gathered
by VAFSMP with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and VAFSMP
with respect to the VAFSMP Web Site and it supersedes all
prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
VAFSMP with respect to the VAFSMP Web Site. 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 an d subject to the same
conditions as other business documents and records
originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the VAFSMP Web Site are: Copyright 2007 by
VAFSMP and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
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