VISIONS EXTRAORDINARE TERMS OF USE AND LEGAL NOTICES
UPDATED: January 21, 2002
AGREEMENT BETWEEN YOU AND VISIONS EXTRAORDINARE
Visions Extraordinare is made up of various Web sites, Web pages, Services
and Software operated by Visions Extraordinare. Use of Visions Extraordinare
Sites/Services are offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
OWNERSHIP OF MATERIALS AND MATERIALS USAGE
The Materials on this website are copyrighted and any unauthorized use
of any Materials on this website may violate copyright, trademark, and
other laws. You may download one copy of the Materials found this website
on a single
computer for your personal, non-commercial use only unless specifically
licensed to do otherwise by Visions Extraordinare in writing. This is
not a transfer of title, and is subject to the following restrictions:
you may not: (a) modify the Materials or use them for any commercial purpose,
or any public display, performance, sale or rental; (b) remove any copyright
or other proprietary notices from the Materials; (c) transfer the Materials
to another person. You agree to prevent any unauthorized copying of the
Materials.
NOTICES
Any notices claiming copyright or trademark infringement should be sent
first class mail to:
Legal Department, Visions Extraordinare, 209 Morningside Drive, Roanoke
TX 76262 .
All notices must include: a) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed; b) Identification of the copyrighted work
claimed to have been infringed, or if multiple copyrighted works at a
single online site are covered by a single notification, a representative
list of such works at that site; c) Identification of the material that
is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to
contact the Complaining Party, such as an address, telephone number, and
if available, an electronic mail address at which the complaining party
may be contacted; d) A statement that the Complaining Party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and e) A statement
that the information in the notification is accurate, and under penalty
of perjury, that the Complaining Party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Visions Extraordinare Network Sites/Services,
you will not use the Visions Extraordinare Sites/Services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Visions Extraordinare Sites/Services in any manner
that could damage, disable, overburden, or impair any Visions Extraordinare
Site/Service(s) (or the network(s) connected to any Visions Extraordinare
Network Site/Service(s)) or interfere with any other party's use and enjoyment
of any Visions Extraordinare Site/Service(s). You may not attempt to gain
unauthorized access to any Visions Extraordinare Site/Service, other accounts,
computer systems or networks connected to any Visions Extraordinare Site/Service,
through hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available through the Visions Extraordinare Sites/Services.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Information submitted to Visions Extraordinare through forms on the website
is governed according to Visions Extraordinare Privacy Policy. Under this
policy, all Visions Extraordinare users are anonymous. All credit information
is transmitted via secured server for online store purchases. The only
contact information that may be used by Visions Extraordinare is your
email address, and only to deliver news and information, notify you contact,
or notify you of any drastic site changes or of an impending problem with
the Visions Extraordinare Site/Services. At no time will your email address
be given or sold to other sites, nor will it be used for any other sales
purposes. Visions Extraordinare does not sell or rent any subscriber information
to third parties.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Visions Extraordinare
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service. You acknowledge and agree that Visions
Extraordinare is in the business of providing access control devices,
and that so long as you are issued an access control device upon properly
tendering your payment infomration, and same being approved by the Service,
Visions Extraordinare has fully performed, and as such, you fully and
unconditionally accept such performance from Visions Extraordinare.
LINKS TO THIRD PARTY SITES
The Visions Extraordinare Sites/Services may contain links to third party
Web sites ("Linked Sites"). The Linked Sites are not under the
control of Visions Extraordinare and Visions Extraordinare 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. Visions Extraordinare is not responsible for any form of transmission
received from any Linked Site nor is Visions Extraordinare responsible
if the Linked Site is not working appropriately. Visions Extraordinare
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Visions Extraordinare of the
site or any association with its operators. You are responsible for viewing
and abiding by the privacy statements and terms of use posted at the Linked
Sites.
Any dealings with third parties (including advertisers) included within
the Visions Extraordinare Network Sites/Services or participation in promotions,
including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the advertiser
or other third party. Visions Extraordinare shall not be responsible or
liable for any part of any such dealings or promotions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE VISIONS EXTRAORDINARE SITES/SERVICES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE VISIONS EXTRAORDINARE
SITES/SERVICES AND TO THE INFORMATION THEREIN. VREALM AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VISIONS EXTRAORDINARE SITES/SERVICES
AT ANY TIME.
VISIONS EXTRAORDINARE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF
VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE VISIONS EXTRAORDINARE
SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. VISIONS EXTRAORDINARE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT VREALM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR
DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED
INTO THROUGH A VISIONS EXTRAORDINARE SITE/SERVICE. YOU SPECIFICALLY AGREE
THAT VISIONS EXTRAORDINARE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT VREALM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN A VISIONS EXTRAORDINARE SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL VISIONS EXTRAORDINARE 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 VISIONS EXTRAORDINARE SITES/SERVICES,
WITH THE DELAY OR INABILITY TO USE THE VISIONS EXTRAORDINARE SITES/SERVICES
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE VISIONS EXTRAORDINARE SITES/SERVICES, OR OTHERWISE ARISING
OUT OF THE USE OF THE VISIONS EXTRAORDINARE SITES/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VISIONS
EXTRAORDINARE 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
VISIONS EXTRAORDINARE SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VISIONS EXTRAORDINARE
SITES/SERVICES.
MODIFICATIONS TO SERVICE
Visions Extraordinare reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the services
(or any part thereof) of Visions Extraordinare Sites/Service(s) with or
without notice. You agree that Visions Extraordinare shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Sites/Service(s).
GENERAL
This agreement is governed by the laws of the State of Texas, U.S.A.
You hereby irrevocably consent to the exclusive jurisdiction and venue
of courts in Tarrant County, Texas, U.S.A. in all disputes arising out
of or relating to the use of the Visions Extraordinare Network Sites/Services.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Visions Extraordinare as a result of this agreement
or use of the Visions Extraordinare Network Sites/Services. You agree
to indemnify and hold Visions Extraordinare, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Visions Extraordinare
Sites/Services. Visions Extraordinare reserves the right to disclose any
personal information about you or your use of the Visions Extraordinare
Sites/Services, including its contents, without your prior permission
if Visions Extraordinare has a good faith belief that such action is necessary
to: (1) conform to legal requirements or comply with legal process; (2)
protect and defend the rights or property of Visions Extraordinare or
its affiliated companies; (3) enforce the terms or use; or (4) act to
protect the interests of its members or others. Visions Extraordinare's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Visions Extraordinare's
right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the
Visions Extraordinare Sites/Services or information provided to or gathered
by Visions Extraordinare 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 Visions Extraordinare with respect to the Visions Extraordinare
Sites/Services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and
Visions Extraordinare with respect to the Visions Extraordinare Network
Sites/Services. 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
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
ACCEPTANCE
By clicking "Agree", "Accept", "I Agree",
"I Accept"; or by the back button or closing this browser window;
or by submitting payment information to Visions Extraordinare; or by accessing
any portion of the Visions Extraordinare Sites/Services, you agree that
you have read, understand, and agree to abide by this Agreement, and any
documents incorporated by reference, and you agree that you intend to
form a legally binding contract; and that this Agreement constitutes "a
writing signed by You"; under any applicable law or regulation. Any
rights not expressly granted herein are reserved by Visions Extraordinare.
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