|
The VB Branding site is owned and operated in full by
Blue Aegis Software
& Marketing, 201-B Dauphin Street, Mobile, AL (USA) 36602. In all
cases, VB Branding and Blue Aegis Software & Marketing are the
same businesses.
The Terms of Use outlined below are provided to this web site by Blue
Aegis Software & Marketing. Any reference to Blue Aegis Software &
Marketing in the document below is, in regards to this Terms of Use
Agreement, a reference to VB Branding.
acceptance of terms
The services that Blue Aegis Software & Marketing provides to you are
subject to the following Terms of Use ("TOU"). Blue Aegis Software &
Marketing reserves the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed by clicking on
the "Terms of Use" hypertext link located at the left of our Web pages.
additional terms
Select services provided by Blue Aegis Software & Marketing are subject
to additional Terms and Conditions of Use not specifically covered in this
Terms of Use document. These additional Terms and Conditions of Use are
provided via hyperlinks on the applicable pages, and are
made a part of this document by reference. If any part of the additional
Terms and Conditions of Use conflict with the Terms of Use contained
in this document, the additional Terms and Conditions of Use shall replace
and void the conflicts provided in this immediate document.
description of services
Through its network of Web properties, Blue Aegis Software & Marketing
provides you with access to a variety of services, products and resources,
including marketing tools, download areas, communication forums and product
information (collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties,
are subject to the TOU.
personal and non-commercial use limitation
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Services.
privacy and protection of personal information
See the Privacy Statement disclosures relating
to the collection and use of your information.
notice specific to software available on this web site
Any software that is made available to download or purchase from the Services ("Software")
is the copyrighted work of Blue Aegis Software & Marketing and/or its
suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for download or purchase solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
ASSOCIATED WARRANTY STATEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BLUE AEGIS
SOFTWARE & MARKETING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, BLUE AEGIS SOFTWARE & MARKETING MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE, PURCHASE AND/OR DOWNLOAD. BLUE AEGIS SOFTWARE & MARKETING DOES NOT MAKE
ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SERVICES OR IN BLUE AEGIS SOFTWARE & MARKETING
SOFTWARE PRODUCTS.
notice specific to documents on this web site
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) any accompanying
copyright notice appears in all copies and that both the copyright notice
and this permission notice appear, (2) use of such Documents from the Services
is for informational and non-commercial or personal use only and will not
be copied or posted on any network computer or broadcast in any media without
direct permission from Blue Aegis Software & Marketing, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
Documents specified above do not include the design or layout of the Blue
Aegis Software & Marketing Web site or any other Blue Aegis Software
& Marketing owned, operated, licensed or controlled site. Elements of
Blue Aegis Software & Marketing Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any Blue Aegis
Software & Marketing Web site may be copied or retransmitted unless expressly
permitted by Blue Aegis Software & Marketing.
BLUE AEGIS SOFTWARE & MARKETING AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR
ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. BLUE AEGIS SOFTWARE & MARKETING AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BLUE AEGIS SOFTWARE
& MARKETING AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. BLUE AEGIS SOFTWARE & MARKETING AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
notices regarding software, documents and services available on this web site
IN NO EVENT SHALL BLUE AEGIS SOFTWARE & MARKETING AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
member account, password and security
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also may be required to
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You
agree to notify Blue Aegis Software & Marketing immediately of any
unauthorized use of your account or any other breach of security. Blue Aegis
Software & Marketing will not be liable for any loss that you may incur
as a result of someone else using your password or account, either with or
without your knowledge. However, you could be held liable for losses incurred
by Blue Aegis Software & Marketing or another party due to someone else
using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder.
no unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any Blue Aegis Software & Marketing server,
or the network(s) connected to any Blue Aegis Software & Marketing server,
or interfere with any other party's use and enjoyment of any Services. You
may not attempt to gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any Blue Aegis Software & Marketing
server or to any of the Services, 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 Services.
use of services
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
-
Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal or civil rights
(such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
-
Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control the rights thereto
or have received all necessary consent to do the same.
-
Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
-
Upload or provide hyperlinks to files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage
the operation of another's computer or property of another.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
-
Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
-
Falsify or delete any copyright management information, such as 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.
-
Violate any applicable laws or regulations.
-
Create a false identity for the purpose of misleading others.
-
Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of the Services or other user or
usage information or any portion thereof.
Blue Aegis Software & Marketing has no obligation to monitor the
Communication Services. However, Blue Aegis Software & Marketing reserves
the right to review materials posted to the Communication Services and to
remove any materials in its sole discretion. Blue Aegis Software & Marketing
reserves the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
Blue Aegis Software & Marketing reserves the right at all times to disclose
any information as Blue Aegis Software & Marketing deems 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 Blue Aegis Software & Marketing's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Blue Aegis
Software & Marketing does not control or endorse the content, messages
or information found in any Communication Services and, therefore, Blue Aegis
Software & Marketing specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Services. Managers and hosts are not authorized Blue
Aegis Software & Marketing spokespersons, and their views do not necessarily
reflect those of Blue Aegis Software & Marketing.
Materials uploaded to the Communication Services 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 BLUE AEGIS SOFTWARE & MARKETING OR POSTED AT
ANY BLUE AEGIS SOFTWARE & MARKETING WEB SITE.
Unless otherwise stated, Blue Aegis Software & Marketing does not claim
ownership of the materials you provide to Blue Aegis Software & Marketing
(including feedback and suggestions) or post, upload, input or submit to
any Services or its associated services for review by the general public,
or by the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting Blue
Aegis Software & Marketing, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses (including, without limitation, all Blue Aegis
Software & Marketing Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your
name in connection with your Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Blue Aegis Software & Marketing is under no obligation
to post or use any Submission you may provide and Blue Aegis Software &
Marketing may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms
of Use including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that
(a) you are the copyright owner of such Images, or that the copyright owner
of such Images has granted you permission to use such Images or any content
and/or images contained in such Images consistent with the manner and purpose
of your use and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses described
in these Terms of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set forth in these
Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for
each such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere on the
Services, other than a private community), permission to use your Images
in connection with the use, as permitted by these Terms of Use, of any of
the Services, (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your name attached to such
Images, and the right to sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for a Images will terminate
at the time you completely remove such Images from the Services, provided
that, such termination shall not affect any licenses granted in connection
with such Images prior to the time you completely remove such Images. No
compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA MAY LET YOU LEAVE BLUE AEGIS SOFTWARE & MARKETING'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF BLUE AEGIS SOFTWARE &
MARKETING AND BLUE AEGIS SOFTWARE & MARKETING IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. BLUE AEGIS SOFTWARE & MARKETING
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. BLUE AEGIS SOFTWARE & MARKETING IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY BLUE AEGIS SOFTWARE & MARKETING OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY
BLUE AEGIS SOFTWARE & MARKETING OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN BLUE AEGIS SOFTWARE &
MARKETING'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO BLUE AEGIS SOFTWARE & MARKETING. SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO BLUE AEGIS SOFTWARE & MARKETING OR ANYONE AT
BLUE AEGIS SOFTWARE & MARKETING. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT BLUE AEGIS SOFTWARE & MARKETING MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
|
