VINTAGENIUS owns and operates the VINTAGENIUS shopping network, http://www.vintagenius.com, and any other features, software, and tools offered by VINTAGENIUS (the “Services”).
- YOUR ACCEPTANCE OF TERMS
- MODIFICATION OF TERMS
VINTAGENIUS reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the VINTAGENIUS website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
- ELIGIBILITY TO USE SERVICES
You must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at firstname.lastname@example.org. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
By accessing the Services, you represent and warrant to VINTAGENIUS that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
- REGISTRATION FOR CERTAIN SERVICES
You may be required to register and select a password and username (“VINTAGENIUS User ID”) to use certain Services. You may not (i) select or use as a VINTAGENIUS User ID a name of another person with the intent to impersonate that person; or (ii) use as a VINTAGENIUS User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide VINTAGENIUS with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. VINTAGENIUS reserves the right to refuse registration of, or cancel a VINTAGENIUS User ID in its discretion.
If you are accessing the Services through a third party site or service (such as “Facebook Connect”), VINTAGENIUS may require that your VINTAGENIUS User ID be the same as your user name for such third party site or service. By providing your third party account credentials to VINTAGENIUS, you are consenting to have the information in those accounts transmitted into your VINTAGENIUS account. You shall only use third party accounts owned by you and not by any other person or entity.
- USER SUBMISSIONS
In the course of using the Services, you and other users may provide information which may be used by VINTAGENIUS in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the Services (collectively, “User Submissions”) or otherwise providing User Submissions to VINTAGENIUS or in connection with the Services, you hereby grant to (i) VINTAGENIUS a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and VINTAGENIUS’ (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
The foregoing license grant to VINTAGENIUS does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not VINTAGENIUS, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to VINTAGENIUS and to grant VINTAGENIUS the rights to use such information in connection with the Services and as otherwise provided herein.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that VINTAGENIUS will not be liable for any errors or omissions in any such content. You understand that VINTAGENIUS cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, VINTAGENIUS cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by VINTAGENIUS in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of VINTAGENIUS, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.
- Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by VINTAGENIUS in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
- Links. If you link to the Services, VINTAGENIUS may revoke your right to so link at any time, at VINTAGENIUS’s sole discretion. VINTAGENIUS reserves the right to require prior written consent before linking to the Services.
- Company’s Right to Monitor. VINTAGENIUS has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, VINTAGENIUS reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If VINTAGENIUS chooses, in its sole discretion, to monitor the Services, VINTAGENIUS 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.
- Company’s Right to Remove Content. VINTAGENIUS reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
- No Endorsement. You acknowledge that VINTAGENIUS does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
- VINTAGENIUS’ INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive property of VINTAGENIUS. Subject to your compliance with this Agreement, VINTAGENIUS grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by VINTAGENIUS in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
All rights in the company names, trade names, logos, service marks, trade dress, slogans, and designs of VINTAGENIUS, whether or not appearing with a trademark symbol, belong exclusively to VINTAGENIUS, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of VINTAGENIUS.
- YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without VINTAGENIUS’ prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of VINTAGENIUS.
- RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
Any violation of the above may be grounds for termination of your right to access or use the Services. VINTAGENIUS reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that VINTAGENIUS deems in its sole discretion to be an illegal or unauthorized use of the Services. VINTAGENIUS will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
- YOUR OTHER OBLIGATIONS
You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
- INTERNATIONAL USE; EXPORT CONTROLS
The Services are offered by VINTAGENIUS from its facilities in the United States of America. VINTAGENIUS makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United States.
- DISCLAIMER OF WARRANTIES
THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE VINTAGENIUS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the generality of the foregoing, VINTAGENIUS makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). VINTAGENIUS displays retail prices for goods offered on Vintagenius.com based on pricing information provided by vendors and retailers, and we make no promises about the reliability or accuracy of any such information listed on the Vintagenius.com website. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from VINTAGENIUS.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. VINTAGENIUS makes no representations concerning any Content contained in or accessed through the Services, and VINTAGENIUS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will VINTAGENIUS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.
VINTAGENIUS has no special relationship with or fiduciary duty to you. You acknowledge that VINTAGENIUS has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
- NO MEDICAL OR OTHER PROFESSIONAL ADVICE
The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from VINTAGENIUS’ licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice). Do not ignore professional advice, or delay in seeking treatment because of anyone or any Content on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. VINTAGENIUS does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services. The Content is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.
- ELECTRONIC COMMUNICATIONS
When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, “push” mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
You agree to indemnify and hold VINTAGENIUS and its officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL VINTAGENIUS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND VINTAGENIUS’ REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- FEES AND PAYMENT
VINTAGENIUS reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. VINTAGENIUS reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be posted on our websites, sent by via email or postal mail. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.
- INTERACTION WITH THIRD PARTIES
The Services may contain links to third party websites that are not owned or controlled by VINTAGENIUS, or that may be accessible by logging in through a third party website. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. VINTAGENIUS has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, VINTAGENIUS will not and cannot monitor, verify, censor or edit the content of any third party site By using the Services, you expressly relieve and hold harmless VINTAGENIUS from any and all liability arising from your use of any third party website.
Your interactions with organizations and/or individuals found on or through the Service (including without limitation Merchants (as that term is defined in the Must Have Terms)), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that VINTAGENIUS 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 VINTAGENIUS is under no obligation to become involved.
- RELEASE OF CLAIMS
You hereby release VINTAGENIUS, 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 or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- MODIFICATION AND TERMINATION
VINTAGENIUS reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. VINTAGENIUS may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
- BINDING ARBITRATION
Certain portions of this Arbitration section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and VINTAGENIUS agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Montgomery County, Maryland, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
- WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. VINTAGENIUS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond VINTAGENIUS’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States District Court for the District of Maryland.
- ENTIRE AGREEMENT
You and VINTAGENIUS agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
- NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with VINTAGENIUS’ prior written consent. VINTAGENIUS may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind VINTAGENIUS in any respect whatsoever.
All provisions of this Agreement which by their nature are intended to survive performance hereof by you or VINTAGENIUS, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
- COPYRIGHT DISPUTE POLICY
- Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to email@example.com:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that VINTAGENIUS is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
If you have any questions or notices of violation of this Agreement, please send an email to firstname.lastname@example.org, or by calling (202) 417-6312.