Slipknot has partnered with VIXLET, a social network and technology platform that allows passionate fans like you the opportunity to express your love for Slipknot and other fans. By participating in SlipKnot's "Outside the 9" Fan Community, you agree to the following standard Vixlet Terms of Service.
These Terms of Service Agreement (the "Terms of Service" or "Agreement") set forth the legally binding terms and conditions for your use of the properties and service owned and/or operated by VIXLET CA LLC, a California limited liability company, ("VIXLET"), including, without limitation, the www.VIXLET.com website, mobile device apps, other Internet graphical or non-graphical interface that are operated by VIXLET, (collectively, the "Vixlet World"), and any features, content, application or other social media management services offered from time to time by VIXLET in connection therewith (collectively, the "Service"). The Vixlet World also includes Vixlet Branded Worlds, such as SlipKnot's "Outside the 9" Fan Community , which are communities that are devoted to a shared passion for brands, co-branded by Vixlet and such brand, powered by Vixlet's Service.
Please read these Terms of Service carefully before using the Service offered by VIXLET or entering the Vixlet World.
BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ACCESSING, VISITING, BROWSING, SCRAPING OR CRAWLING THE VIXLET WORLD, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
We reserve the right, in our sole discretion, to change these Terms of Service at any time, and will publish a revised version of these Terms of Service on the Vixlet World with the new "Last Updated" date as indicated at the end of this Agreement. You are responsible for regularly reviewing these Terms of Service. Continued access to and use of the Vixlet World following any such change means you accept and will abide by the changes. In the event of a material change that may directly affect your account, we will notify you via the most recent e-mail address that you have provided to us in conjunction with your account.
The Service isavailable only to individuals who are at least 13 years old. You represent andwarrant (i) that you are either more than the age of majority in yourjurisdiction of residence, or an emancipated minor, or possess legal orguardian consent and are competent to enter into an agreement to accept theseTerms of Service and to use the Service; (ii) that all registration informationyou submit is accurate and truthful; and (iii) that your use of the Servicedoes not violate any applicable law or regulation. VIXLET may, in its solediscretion, refuse to offer the Service to any person or entity and change itseligibility criteria at any time. This provision is void where prohibited bylaw and the right to access the Service is revoked in such jurisdictions.
If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity' behalf.
As a condition to using certain aspects of the Service, you may be required to register with VIXLET and select a password and screen name ("VIXLET Username"). You shall provide VIXLET with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your VIXLET account. You shall not (i) select or use as an VIXLET Username a name of another person with the intent to impersonate that person; (ii) use as an VIXLET Username a name subject to any rights of a person or entity other than you without appropriate authorization; or (iii) use as an VIXLET Username a name that is otherwise offensive, vulgar or obscene. VIXLET reserves the right to refuse registration of, or cancel a VIXLET Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your VIXLET password. You shall never use another user' account without such other user' express permission. You will immediately notify VIXLET in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Although VIXLET will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VIXLET or others due to unauthorized use.
You agree that the Service contains Vixlet World Content specifically provided by VIXLET, its business partners and other users and that such Vixlet World Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The elements of the Vixlet World (collectively, "Vixlet World Content") include without limitation, the user interface, interactive features, content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, navigation, compilation, trade dress and stylistic convention of the Vixlet World and other materials you may view on, access through, or contribute to the Vixlet World. Vixlet World Content also includes all communication and comments made by users and any other information or material uploaded by users on the Vixlet World. Your use of the Vixlet World does not give you ownership of any Vixlet World Content.
You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Vixlet World Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Vixlet World expressly authorizes you to do so, download or copy the Vixlet World Content, and other items displayed on the Vixlet World for download, for personal use only, provided that you maintain all copyright and other notices contained in such Vixlet World Content. You shall not store any significant portion of any Vixlet World Content in any form. Copying or storing of any Vixlet World Content for other than personal, noncommercial use is expressly prohibited without prior written permission from VIXLET, or from the copyright holder identified in such Vixlet World Content' copyright notice.
All trademarks, logos, service marks and trade names, which includes "VIXLET," "VIXLET.com," and the "VIXLET" logo (collectively, the "Trademarks") displayed on the Vixlet World or on Vixlet World Content are registered or unregistered Trademarks of VIXLET, its business partners and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Vixlet World or on the Vixlet World Content, if any, are the property of their respective owners. Nothing contained on the Vixlet World should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Vixlet World.
You acknowledge and agree that your access to and use of the Vixlet World, the Vixlet World Content and the services provided through the Vixlet World are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.
The Service will provide you with the ability to upload, submit, disclose, share, distribute or otherwise post (hereafter, "posting") content such as images, videos, blogs, links to 3rd party sites, message, comments and communications, to the Services (the "User Submissions").
By posting User Submissions on the Vixlet World or otherwise through the Service, you represent and warrant that:
Submissions License. You grant to VIXLET and its affiliates a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable (in whole or in part), assignable, worldwide with the right to grant and authorize sublicenses, under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, reproduce, transmit, perform, display, exhibit, distribute, index, comment on, modify, reformat, create derivative works based upon, perform and otherwise exploit your User Submission, in whole or in part, alone or in combination with other content or material, in all media formats and channels now known or hereafter devised (including by way of example but in no way a limitation, the Internet, mobile devices, and through any future means or methods of downloading and/or streaming now known or hereinafter devised) in connection with the Vixlet World and Vixlet's (and its successor's, transferees', sublicensees' and their respective affiliates') business, including without limitation for promoting and redistributing part or all of the Vixlet World (and derivative works thereof), all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). We cannot be responsible for maintaining your User Submission that you provide to us, and we may delete or destroy your User Submission at any time. You grant VIXLET and its affiliates, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submission. You also hereby grant to each user of the Vixlet World a non-exclusive license to access your User Submission through the Vixlet World, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Submission as permitted by the functionality of the Vixlet World and these Terms of Service.
No Responsibility for User Submission. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Submission. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Submission.
You understand that VIXLET shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Vixlet World or otherwise through the Service is the sole responsibility of the person from which such content originated and that VIXLET will not be liable for any errors or omissions in any content; and that VIXLET cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Service.
"Public Forum"means any area, site or feature that may be offered as part of any Vixlet World that offers the opportunity for you to submit your User Submissions for viewing by one or more Vixlet World users, such as a profile page and the social wall.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to your User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media, nor that your User Submissions will remain available via the Vixlet World at all times; you make such disclosures at your own risk.
You are and shall remain solely responsible for your User Submission you submit on or through any Vixlet World under your VIXLET username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You understand that when using the Vixlet World, you will be exposed to User Submissions from a variety of sources, and that VIXLET is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VIXLET with respect thereto, and agree to indemnify and hold VIXLET, its parent, subsidiaries, affiliates, and/or business partners, harmless to the fullest extent allowed by law regarding all matters related to your use of the Vixlet World.
VIXLET does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and VIXLET expressly disclaims any and all liability in connection with User Submissions.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to your User Submission which you submit.
Please keep in mind that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. VIXLET will have no liability for your interactions with other users.
You warrant and agree that, while accessing or using the Vixlet World, you will not:
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Vixlet World.
You understand and agree that third-party advertising or sponsorship, in any commercially reasonable format, may be made available to users of the Vixlet World, including in connection with uploaded entries. You expressly agree that you shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by VIXLET for) the display of any such advertisements or sponsorships.
You agree that if you include a link from any other web site to the Vixlet World, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Vixlet World. You are not permitted to link directly to any image hosted on the Vixlet World, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to the Vixlet World in any manner such that the Vixlet World, or any page of the Vixlet World, is "framed," surrounded or obfuscated by any third party content, materials or branding. We may require that any link to the Vixlet World be discontinued, and to revoke your right to link to the Vixlet World from any other web site at any time.
VIXLET reserves the right, but does not have an obligation, to monitor and/or review all User Submissions posted to the Vixlet World or through the Vixlet World' services or features by users, and VIXLET is not responsible for any such materials posted by users. However, VIXLET reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request. VIXLET shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any User Submission that is available on the Vixlet World in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability. If at any time VIXLET chooses, in its sole discretion, to monitor the User Submissions, VIXLET nonetheless assumes no responsibility for such User Submissions, no obligation to modify or remove any inappropriate User Submission, and no responsibility for the conduct of the user or other person or entity submitting any such User Submission.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VIXLET, AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SPONSORS, ADVERTISERS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY"S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE VIXLET WORLD;(II) YOUR USER SUBMISSION, INCLUDING VIXLET'S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER SUBMISSION; (III) YOUR VIOLATION OF THESE TERMS OF SERVICE; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER SUBMISSION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY VIXLET. VIXLET RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF VIXLET. VIXLET WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
Vixlet has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the designated Copyright Agent to receive Notification of Claimed Infringement ("Copyright Agent") is listed at the end of this Section.
Reporting Copyright Infringement. If you are a copyright owner or an agent thereof, and believe that any User Submission or other Vixlet World Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).
VIXLET' Action. Upon receipt of proper notification of claimed copyright infringement, VIXLET will
Copyright Counter-Notice. If the content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider or user must send a counter-notice containing the following information to the Copyright Agent listed below:
If a counter-notice is received by the Copyright Agent, VIXLET may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at VIXLET's discretion.
Foreign Counter-Notification. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether content you posted on the Vixlet World is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of California. If you do wish to file a counter-notice, you should follow the process set forth above under the heading "Copyright Counter-Notification.
VIXLET' designated Copyright Agent to receive notification of claimed infringement is:
ATTN: Copyright Agent
555 West 5th Street
Los Angeles, CA 90013
VIXLET controls and operates the Vixlet World from offices in the United States of America. We make no representation that Vixlet World Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Not all products or services mentioned on the Vixlet World are available to all persons or in all geographic locations or jurisdictions VIXLET, its business partners and vendors reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any content, offer or service on the website is void where prohibited and the user automatically indemnifies VIXLET from any legal or statutory outcomes resulting from their decision or action. VIXLET reserves the right to block access to the Vixlet World by certain international users. When you access the Vixlet World, you are responsible for compliance with all applicable local laws.
YOU AGREE THAT YOUR USE OF THE VIXLET WORLD SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIXLET, ITS PARENT, SUBSIDIARY, AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS AGENTS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE VIXLET WORLD AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. VIXLET MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS, RELIABILITY OR COMPLETENESS OF THIS VIXLET WORLD'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THIS VIXLET WORLD, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE VIXLET WORLD CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF VIXLET WORLD (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM VIXLET WORLD, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH VIXLET WORLD BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY VIXLET WORLD CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY VIXLET WORLD CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIXLET WORLD.
VIXLET, ITS PARENT, SUBSIDIARY, AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS AGENTS AND SUBCONTRACTORS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP.
VIXLET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIXLET WORLD OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIXLET 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
"AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS." YOU EXPRESSLY AGREE THAT THE USE OF THE VIXLET WORLD IS AT YOUR SOLE RISK. THE VIXLET WORLD, VIXLET WORLD CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE VIXLET WORLD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VIXLET DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, VIXLET SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE VIXLET WORLD, THE SERVICES OR THE CONTENT.
IN NO EVENT SHALL VIXLET, OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE VIXLET WORLD CONTENT (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF VIXLET WORLD (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM VIXLET WORLD, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH VIXLET WORLD BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY VIXLET WORLD CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIXLET WORLD, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF SERVICE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE VIXLET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIXLET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF VIXLET FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE VIXLET WORLD OR ANY OF THE VIXLET WORLD CONTENT OR FUNCTIONS AT THE VIXLET WORLD, EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN THE VIXLET WORLD IN THE PAST THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSEOR (II) USD$100.
The Vixlet World is operated by VIXLET from its facilities in the United States of America. VIXLET makes no representations that the Vixlet World is appropriate or available for use in other locations. Those who access or use the Vixlet World from other jurisdictions do so at their own volition and are responsible for compliance with local law.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VIXLET'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, USER SUBMISSION OR OTHER TEXT/AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY OR LICENSED TO VIXLET AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY VIXLET WORLD, SERVICES, CONTENT, PRODUCT, PROGRAM, MUSIC, YOUR USER SUBMISSION OR OTHER TEXT/AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
When you visit our Vixlet World, you acknowledge that in using the Service to send electronic communications (including but not limited to email, search queries, uploading videos, photos and files to Vixlet World and other Internet activities), you will be causing communications to be sent through VIXLET'S computer networks, portions of which may be located in various locations in the United States and portions of which are located abroad. As a result, and also as a result of VIXLET' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
VIXLET may terminate, change, limit, suspend or discontinue any aspect of the Vixlet World at any time. VIXLET may restrict, suspend or terminate your access to the Vixlet World and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on the Vixlet World or you are in breach of these Terms of Service or applicable law, or for any other reason without notice or liability. Additionally, VIXLET may terminate or limit use or access privileges to the Vixlet World of users who are repeat infringers of intellectual property rights and third party rights. You may terminate this Agreement by discontinuing your use of and access to the Vixlet World. This Agreement is effective until terminated by you, or by VIXLET for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Vixlet World and to immediately destroy all materials obtained from it.
In event that the account is terminated, we may retain your User Submissions for a commercially reasonable period of time as required by law or for legitimate business purposes. Furthermore, VIXLET and other users may retain and continue to display, reproduce, re-post, modify, re-arrange, and distribute any of your User Submission that you have posted to public or semi-public areas of the Vixlet World. We may continue to display your User Submission where it implicates other users (e.g., communications between you and other users, your comments on other stories, blogs, polls, etc..).
All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE VIXLET WORLD MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree that VIXLET may assign any of its rights and licenses granted hereunder and/or transfer, sub-contract or delegate any of its obligations under this Agreement without restriction. This Agreement is personal to you and you may not transfer or assign it to a third party.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated 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.
VIXLET may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Vixlet World. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty- four hours after an email is sent, unless VIXLET is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide VIXLET with notices only by mail to the address indicated below:
555 West 5th Street
Los Angeles, CA 90013
This Agreement constitutes the entire agreement between you and VIXLET with respect to the Vixlet World and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VIXLET with respect to the Vixlet World. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to VIXLET.
July 29, 2014