Privacy & Terms
TABLE OF CONTENTS
- NOTICE TO CALIFORNIA RESIDENTS
- THE INFORMATION THE SITE COLLECTS
- INFORMATION YOU PROVIDE US
- INFORMATION YOU CHOOSE TO PUBLICLY DISPLAY THROUGH THE SITES, AND POSTING CONTENT TO THIRD PARTY SITES
- INFORMATION YOU PROVIDE ABOUT A THIRD PARTY
- INFORMATION WE COLLECT AUTOMATICALLY AS YOU ACCESS AND USE THE SITES
- HOW WE RESPOND TO DO NOT TRACK SIGNALS
- INFORMATION THIRD PARTIES PROVIDE ABOUT YOU AND SOCIAL MEDIA INTERACTIONS
- HOW WE USE THE INFORMATION WE COLLECT
- HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES
- THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES
- CHANGING YOUR SUBSCRIPTIONS
- THIRD PARTY CONTENT, WIDGETS, AND LINKS TO THIRD PARTY SITES
- CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES
- HOW CAN YOU CONTACT US?
VICE WORKS WITH NETWORK ADVERTISERS, AD AGENCIES AND OTHER VENDORS TO SERVE ADS ON THIRD PARTY WEB SITES AND ACROSS THE INTERNET. WE ALSO USE ANALYTICS PROVIDERS TO PROVIDE US WITH INFORMATION REGARDING USE OF THE SITES AND THE EFFECTIVENESS OF OUR ADVERTISEMENTS. YOU MAY ALSO SEE THIRD PARTY ADS ON THE SITES AND THOSE ADS MAY BE SERVED BY A THIRD PARTY. THESE OTHER COMPANIES MAY COLLECT CERTAIN INFORMATION ABOUT YOUR VISITS TO THIS OR OTHER WEB SITES IN CONNECTION WITH SERVING ADVERTISEMENTS AND PROVIDING US WITH ANALYTICS INFORMATION. PLEASE REVIEW "THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS, AND SIMILAR THIRD PARTIES" BELOW FOR ADDITIONAL INFORMATION.
Some of these companies MAY BE members of the Network Advertising Initiative or the Digital Advertising Alliance Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.... or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies.
WITH REGARD TO YOUR PERSONAL INFORMATION, WE PRIMARILY USE YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR RELATIONSHIP WITH US AND YOUR EXPERIENCE ON THE SITES. CLICK HERE FOR THE FULL DESCRIPTION OF THE INFORMATION WE COLLECT AND HERE FOR A DESCRIPTION OF HOW WE USE THE INFORMATION WE COLLECT. PLEASE REMEMBER THAT IF YOU PARTICIPATE IN COMMUNITY FORUMS AND OTHER SOCIAL NETWORKING FEATURES ON THE SITES, YOUR INFORMATION MAY BE MADE PUBLIC. NOTE THAT WE DO NOT SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES FOR THEIR MARKETING PURPOSES UNLESS YOU CONSENT TO SUCH SHARING, BUT WE DO SHARE WITH THIRD PARTIES UNDER CERTAIN LIMITED CIRCUMSTANCES - CLICK HERE FOR MORE DETAILS REGARDING HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES.
NOTICE TO CALIFORNIA RESIDENTS
This section is adopted to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA shall have the same meaning when used in this section.
CATEGORIES OF PERSONAL INFORMATION; USE; AND SHARING
We have collected the following categories of Personal Information within the last twelve (12) months:
- Personal identifiers
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Protected classification characteristics under California or federal law
- Commercial information
- Biometric information
- Internet or other similar network activity
- Geolocation data
- Sensory data
- Professional or employment related information
- Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
- Inferences drawn from other personal information
All of the above Personal Information was collected from any one or more of the following sources:
- Directly from you, when you apply for a job at Vice
- Directly from you, when you use our Sites
- Indirectly from you, when you use our Sites
- From a friend who chooses to send you a communication from the Sites
- From third party sources, including from social media platforms
The Personal Information we have collected are only being used for any one or more of the following purposes:
- Providing our Sites and services, and customer service
- Improving the Sites or our services
- Tailoring content we display to you and offers we may present to you, both on the Sites and elsewhere online
- Facilitating your purchase of VICE merchandise
- Verifying your device’s location and delivering or restricting relevant content and advertising based on that location
- Processing job applications
- For internal business purposes
Please be informed that in this Personal Information may be shared with others for the following reasons:
- We share with third parties when you agree to receive information from third parties or otherwise request that we share your information
- We share with network advertisers, ad agencies and other vendors to serve advertisements
- We share with third parties providing services on our behalf only for the purpose of providing those services
- If you enter sweepstakes, contests and promotions, we will share with promotional partners
- We share with third parties for Administrative and Legal Reasons
- We may share with third parties in the event of a business transfer
YOUR RIGHTS AND CHOICES
From January 1, 2020, California residents have the following rights:
Right to Know – You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you the categories and specific pieces of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, the categories of third parties with whom we share such information, and information about our sale or disclosure for business purposes of your Personal Information to third parties.
Right to Delete – You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
Right to Opt Out of Sale – You have the right to opt out of the sale of your Personal Information to third parties. From January 1, 2020, you can exercise this right through the “Do Not Sell My Personal Information” link on our Sites or by contacting us using the contact information provided at the end of this section. Please note we do not sell the Personal Information of minors under 16 years of age without affirmative authorization.
Right to Non-Discrimination – You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the above rights, please contact us using the contact information provided at the end of this section. We may need you to provide additional information to verify your request, such as providing certain data elements so that we can confirm they match the Personal Information already maintained by us. We will not use this additional information for anything other than handling your request. You may designate an authorized agent to make a request in certain circumstances on your behalf. Such authorized agent must be registered with the California Secretary of State. We will endeavor to respond to all such requests within forty-five (45) days, although there may be a brief delay in processing a request while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If we require more time, we will inform you of the reason and extension period in writing.
OTHER CALIFORNIA PRIVACY RIGHTS
In addition, please note that we may, on occasion, share a portion of our postal mailing list with other reputable organizations not owned or affiliated with VICE who want to market products or services to you. If you do not want your name and address shared with other organizations or you no longer wish to receive Store catalogs, please contact Store customer service at email@example.com. We will not sell, lease, or transfer this mailing list to any third parties except for this reason.
If you are a California resident and you have questions about our privacy practices or would like to exercise one or more of the rights listed above, please send your request to the following email address: USprivacy@vice.com or write to us at the following mailing address:
49 S. 2nd St.
Brooklyn, NY 11249
Attention: Legal Department
You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information to allow us to respond to you.
INFORMATION THE SITES COLLECT
INFORMATION YOU PROVIDE US
The Store is operated by Vandal Collective. Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which they may handle your Personal Information.
Please note that information submitted to the Sites via a "Contact Us" or other similar function may not receive a response. We will not use the information provided via these functions to contact you for marketing purposes unrelated to your request unless we disclose otherwise at the time you submit your request. The Sites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from an individual younger than the age of thirteen (13). If a parent, guardian or anyone else becomes aware of Personal Information that has been collected from the use of the Store or Sites by an individual under the age of 13, please contact Store customer service immediately at firstname.lastname@example.org.
Your Personal Information submitted via the Store may be updated and/or deleted by sending an e-mail to Store customer service at email@example.com.
INFORMATION YOU CHOOSE TO PUBLICLY DISPLAY THROUGH THE SITES, AND POSTING CONTENT TO THIRD PARTY SITES
You may be able to submit comments, ideas, reviews, suggestions and other content (" User Content") to the Sites and to post your User Content publicly on message boards, chat rooms, and other public areas (collectively, "Community Forums").
Also, if you choose to "like" content on one of the Sites, to tweet from the Sites or to otherwise post information from or via the Sites to a third party web site, feature or application, that information may be public and the third party may have access to information about you and your use of our Sites.
INFORMATION YOU PROVIDE ABOUT A THIRD PARTY
If you send someone else a communication from the Sites, such as sending a video to a friend, the information you provide (names, e-mail addresses, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person.
INFORMATION WE COLLECT AUTOMATICALLY AS YOU ACCESS AND USE THE SITES
We, as well as any third-party advertisers, service providers and content providers, may use a variety of technologies that automatically or passively collect certain Site usage information whenever you visit or interact with us or our content found elsewhere on the internet (" Usage Information"). Usage Information may include browser type, operating system, all of the areas within our Sites that you visit, including content that you browse, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Sites and our services. In addition, we automatically collect your IP address or other unique identifier ("Device Identifier") for the particular device you use to access the Sites. A Device Identifier is a number that is automatically assigned to your computer, mobile phone, or other device used to access the Sites and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access our Sites. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
The methods that may be used to collect Usage Information include the following:
A cookie is a data file placed on a device when it is used to visit one of our Sites or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages.
A Flash cookie is a data file placed on a device via the Adobe Flash plugin that may be built-in to or downloaded by you to your device. Flash cookies may be used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. For more information about Flash and the privacy choices Adobe offers, visit http://www.macromedia.com/support/documentation/en.... If you choose to disable cookies or to adjust your Flash privacy settings on your device, some features of the Sites may not function properly.
Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in the Sites' web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails sent were actually opened or to count how many forwarded links were actually viewed.
An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.
In addition, we may use a variety of other technologies on the Sites that collect information for security and fraud detection purposes.
App technologies are technologies included in our apps that are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include third party SDKs, which is code that sends information about your use to a server. These SDKs allow us track our conversions, bring you advertising both on and off the service, and provide you with additional functionality, such as the ability to connect our service with your social media account.
Location-Identifying Technologies are technologies used to collect your location. For example, GPS, WiFi, and Bluetooth may be used to collect precise location data when you consent to precise location tracking through our apps. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites and online services that you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, VICE does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
INFORMATION THIRD PARTIES PROVIDE ABOUT YOU AND SOCIAL MEDIA INTERACTIONS
HOW WE USE THE INFORMATION WE COLLECT
VICE may use your information, including your Personal Information: (1) to allow you to participate in features we offer; (2) to provide related customer service, including, without limitation, to respond to your questions, complaints or comments; (3) to provide you with information or services that you have requested or agreed to receive (either by opting in or choosing not to opt out); (4) to process your registration with the Sites, including verifying that your e-mail address is active and valid; (5) to improve the Sites or our services; (6) to tailor content we display to you and offers we may present to you, both on the Sites and elsewhere online; (7) to contact you with regard to your use of the Sites and, in our discretion, changes to the Sites' policies; (8) to facilitate your purchase of VICE merchandise; (9) for internal business purposes; and (10) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES
You also may request, sometimes through your use of an interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances. For example, if you "like" content on our Sites, information about you may transfer to the third party offering that application on our Sites and to the third party web site to which you are posting.
Third Parties Providing Services on our Behalf . We may use third party service providers to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites' features, analyzing users' interactions with the Sites, sending communications, safeguarding against fraud, or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for the Sites.
Sweepstakes, Contests and Promotions . We may offer sweepstakes, contests, and other promotions (any, a "Promotion") that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.
Business Transfers . VICE may share Personal Information with its subsidiaries and affiliates for internal business reasons. VICE also reserves the right to disclose and transfer all information related to the Sites, including Personal Information: (i) to a subsequent owner, co-owner or operator of the Sites or component of the Sites, such as a database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of VICE's ownership interests, assets, or both, or other corporate change, including, without limitation, during the course of any due diligence process.
THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES
VICE works with network advertisers, ad agencies and other vendors to serve VICE related ads on third party web sites and across the Internet and we use analytics providers to provide us with information regarding the use of the Sites and the effectiveness of the advertisements that we place elsewhere on the Internet, in third party applications or elsewhere. You may also see third party ads on the Sites and those ads may be served by a third party.,
These service providers may set and access their own tracking technologies on your computer or mobile device (including cookies and web beacons) and they may otherwise collect or have access to information about your visits to and activity on the Sites, as well as other web sites or online services. Some of these third parties may collect personal information from you over time when you visit the Sites or other websites and services. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors with third party advertising companies, analytics providers and other vendors for the same purposes.
While we may use a variety of service providers to perform advertising and analytics services, some of these companies may be members of the Network Advertising Initiative (" NAI") or the Digital Advertising Alliance (" DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program. Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.
Please note: The Sites interact with Nielsen’s proprietary measurement which will allow you to contribute to market research, like Nielsen’s TV Ratings. By clicking here (http://priv-policy.imrworldwid...) and see the “Choices” section, users can access more information about the measurement software and learn about their choices with regard to Nielsen’s measurement.
CHANGING YOUR SUBSCRIPTIONS
You may cancel or modify your subscriptions to e-mails you have elected to receive from the Sites by following the instructions contained within an e-mail you receive from the Sites. Please note that we reserve the right to send you certain communications relating to your account or use of the Sites (for example, administrative and service announcements) and these transactional account messages may be unaffected if you opt out from marketing communications. If you sign up to receive SMS or MMS messages that may be offered on the Sites, you may unsubscribe from any text messages received by replying "STOP."
THIRD PARTY CONTENT, WIDGETS, AND LINKS TO THIRD PARTY SITES
The Sites may contain content that is hosted and served by third parties, which may include third party widgets (such as those that allow you to share content with third party web sites and online services). The Sites may also contain links to other third party web sites that VICE does not control. In addition, VICE widgets may be included on web pages and web sites that are not associated with us, and over which we have no control. These third parties may collect information about you through the use of their own cookies and web beacons, may independently collect data or solicit Personal Information, and may or may not have their own published privacy policies. VICE is not responsible for the privacy practices employed by any third party.
CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES
The Sites are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Sites or our features or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
VICE takes commercially reasonable steps to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be completely secure. Please note that we cannot ensure or warrant the security of any information we collect, and that you use our Sites and provide us with your information at your own risk.
HOW CAN YOU CONTACT US
If you are unhappy with how we’ve handled your information, or have further questions on the processing of your personal data, contact us at USPrivacy@vice.com or call us at +1-888-269-1005
In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
TABLE OF CONTENTS
- OWNERSHIP OF SITE MATERIALS
- YOUR LICENSE TO USE MATERIALS AVAILABLE ON OUR SITES
- REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
- INFORMATION/CONTENT YOU SUBMIT
- VIRAL DISTIRBUTION AND WIDGETS
- PAID SERVICES
- ACCEPTABLE USE POLICY; COMMUNITY USAGE RULES
- MEMBERSHIP & REGISTRATION
- YOUR WARRANTIES
- USER INTERACTIONS AND DISPUTES
- THIRD PARTY LINKS, CONTENT AND APPLICATIONS
- LINKING POLICY
- SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD
- DISCLAIMER OF WARRANTIES
- DISCLAIMERS/LIMITATION OF LIABILITY
- LOCATION OF SITES AND TERRITORIAL RESTRICTIONS
- GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
- ENTIRE AGREEMENT AND OUR RIGHT TO UPDATE THESE TERMS
OWNERSHIP OF SITE MATERIALS
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites (including past, present and future versions of the Site), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; widgets; artwork; information; data; designs; compilations; advertising copy; logos; domain names; VICE logos, trademarks and services marks, and any other VICE product and service names that are trade identities of VICE (the "VICE Marks"); any and all copyrightable material (including source and object code); the "look and feel" of the Sites; the compilation, assembly and arrangement of the Sites; and all other materials related to the Sites (collectively, the "Materials") are owned, controlled or licensed by VICE, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by VICE, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for VICE and/or its parent, members, managers, subsidiaries affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way VICE's rights to exploit fully any or all of the Materials.
You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of VICE's rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of VICE, unless and except as is expressly provided in these Terms. Any other use of the Materials or VICE Marks without the prior written authorization of VICE is strictly prohibited.
To seek the written authorization of VICE for reproductions of Materials, please contact us at TERMS@VICE.COM
YOUR LICENSE TO USE MATERIALS AVAILABLE ON OUR SITES
You may visit our Sites without further permission from Vice and Vice grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use, download, view and play the Materials. This license is subject to your full compliance with these Terms. When you download or use Materials, you agree to and you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any code associated with the Sites. You also agree that you will not, including by use any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage or as expressly authorized by Vice).
Except as expressly set forth elsewhere in these Terms, nothing in these Terms will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Materials or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Materials. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Materials, or disseminate any Materials in any manner to the public (for free or for a fee).
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Vice encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringe your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Vice has a designated agent for receiving notices of copyright infringement and Vice follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vice's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (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 copyright 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 information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
If you believe that any content on the Sites violate your rights other than copyrights, please provide Vice with at least the following information: (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 material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Notice of claims of copyright or other intellectual property infringement must be sent to VICE's Copyright Agent:
Please note that this procedure is exclusively for notifying VICE of claims that your copyrighted material or other intellectual property has been infringed.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Vice will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
INFORMATION/CONTENT YOU SUBMIT
The Sites may provide you and others with the opportunity to participate in message boards, chat rooms and other public areas ("Community Forums") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Vice or a Site, including, without limitation, comments, ideas, review, suggestions and other content (collectively, "User Content").
You remain the owner of your User Content, but you acknowledge that Vice must have a license from you in order to accept your User Content. You grant to Vice the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify and create derivative works of, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same.
You further agree that Vice is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or Vice, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without obligation, remuneration or attribution of any kind to you or anyone else. You further perpetually and irrevocably grant Vice the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You further authorize Vice to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Vice these licenses. Upon Vice's request, you will furnish Vice any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You agree that Vice has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its rights to your User Content including, without limitation, by bringing and controlling actions in your name and on your behalf (at Vice's cost and expense, to which you agree to consent and irrevocably appoint Vice as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).
You further acknowledge and agree that Vice does not and will not have any obligation to review, monitor, display, accept or exploit any User Content and Vice may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time without notice or liability to you or any other party. You understand that User Content need not be maintained on the Site by us for any period of time and we reserve the right to delete it at any time.
All of your User Content is your sole responsibility. This means that you, and not Vice, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Sites. If you post personal information to publicly available areas of the Sites then you may receive unsolicited messages from third parties. Under no circumstances will we be liable in any way for any of User Content including, without limitation, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content.
VIRAL DISTRIBUTION AND WIDGETS
Vice may allow you - but only through express written permission -to engage in certain personal uses of Materials that include the ability to share Materials with others (" Viral Distribution"). For example, the Site may allow you to send Materials to friends, display Materials on your personal web site or post Materials on a third party web site. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to comply with any terms we post in connection the Viral Distribution of Materials.
Similarly, the Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (" Widgets"). Widgets are Materials and subject to the limited, revocable license described above for Materials. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Materials made available via any Widget.
You agree that you will not embed or otherwise make available a Widget on a web page or web site containing content that (i) is threatening, abusive, harassing, , hateful, or racially, ethnically or otherwise objectionable (in Vice's sole opinion). Vice makes no specific warranties about Widgets. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in the Widget or any component of the Widget (including any video player) that are designed to prevent users from copying, manipulating or retaining the Materials made available via the Widget. You also agree to not use (or attempt to use) the Widget or any component of the Widget to display content other than the Materials provided or intended by Vice to be displayed via a particular Widget.
NOTICE TO THIRD PARTY SITES: Any Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice.
Some of the services on the Sites may require you to pay a fee, such as subscription services on the Sites, as described in the specific conditions included where those services, if any, are offered. The Sites may offer one time fee-based services and subscription based services. Regardless of the type of service you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Vice does not provide price protection or refunds in the event of a price drop or promotional offering. We may occasionally offer promotional trial subscriptions to a paid service on a Site for free or at special discounted prices. If you sign up for a trial subscription, your subscription will be either 1) automatically renewed at the normal subscription rate in effect at the end of the trial period, unless you cancel at the required time before the end of the trial period; or 2) terminated, unless you successfully sign up for a paid subscription, depending on the terms of your trial subscription. If you have subscribed to a paid service on a Site, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user, and Vice to purchase that subscription.
ACCEPTABLE USE POLICY; COMMUNITY USAGE RULES
When you contribute, upload or otherwise provide User Content to a Site, you agree to comply with the following Community Usage Rules
- User Content must be yours please. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere.
- No pictures or images of anyone but you and your friends and family.If you choose to upload photos to the Site, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- No music please.Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Please follow codes of social decency. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. Harassing, stalking and personal attacks are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, sexual preference or physical handicap or that are defamatory, slanderous or pornographic.
- Do not use the Sites for commercial purposes.Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is illegal.Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself or your User Content.Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Public forum.We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community Forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
- Don't share confidential information or trade secrets. User Content may not containany content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
You must not and agree not to (a) interfere with or disrupt a Site or any Vice or Site servers or networks; or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
MEMBERSHIP & REGISTRATION
Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Sites.
When you provide information to a Site, you agree to provide only true, accurate, current and complete information.
If you register with us, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Vice reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has approved your participation on this Site and has read and agreed to these Terms on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features. The Sites also may include third party content that we do not control, maintain or endorse.
You may choose, at your sole and absolute discretion and risk, to use applications that connect a Site or your profile on a Site with a third party site (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Site accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Vice has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Vice harmless for the sharing of information relating to your Site accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
The Sites may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Sites, or a feature that lets you post to your social networking page a link to a specific Site product or the ability to share content from the Sites or your User Content with a third party. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Vice grants you the revocable permission to link to the Sites; provided, however, that your web site: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites (except as explicitly permitted as described in the "WIDGET" section above); (b) must not imply that Vice or any Site is endorsing or sponsoring it or its products, unless Vice has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Vice's sole opinion, harm Vice or its products or services; (d) must not use any Vice trademarks without the prior written permission from Vice; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Vice's sole opinion), and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Vice reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
The Sites may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Site features (collectively, the " Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., "STOP") to the applicable shortcode for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Vice. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Vice of any changes to your mobile number and update your account(s) on the Sites to reflect this change.
SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD
Any items that we make available for download or use from the Sites and/or our servers (the "Downloadable Items") are the copyrighted work of Vice or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH DOWNLOADABLE ITEMS.
DISCLAIMER OF WARRANTIES
THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VICE NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, "VICE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) THE WIDGETS OR DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM VICE OR VIA THE SITES. IN ADDITION, THE VICE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE VICE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED ON THEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE VICE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE VICE PARTIES DO NOT WARRANT THAT YOUR USE OF ANY SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE VICE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING A SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT SITE.
THE VICE PARTIES DO NOT ENDORSE USER CONTENT, ARE NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH A SITE.
DISCLAIMERS/LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE VICE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) WIDGETS OR THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VICE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN A SITES' TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VICE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE VICE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VICE PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VICE'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 THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VICE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VICE PARTIES.
BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
You agree to indemnify, defend (if requested by Vice) and hold the Vice Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of any Site or activities in connection with any Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Vice Parties' use of your information. You will cooperate as required by the Vice Parties in the defense of any claim. The Vice Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Vice Parties.
Vice reserves the right to terminate your access to and use of any Site in its sole discretion, without notice and liability, including, without limitation, if Vice believes your conduct fails to conform with these Terms. Vice also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Vice to any registration requirement within such jurisdiction or country. Vice controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing a Site from other locations does so on their own initiative and are responsible for compliance with United States', and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of any Site or any portion of a Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from any Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods ("Restricted Counties"); or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders ("Restricted Individuals"). By downloading any software related to a Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any of the Restricted Countries and that you are not a Restricted Individual.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE INTERNAL LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF NEW YORK GOVERNING CONTRACTS ENTERED INTO AND TO BE FULLY PERFORMED IN THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN WHICHEVER OF THE FOLLOWING THREE COUNTIES ARE GEOGRAPHICALLY NEAREST TO YOUR PRIMARY PLACE OF RESIDENCE: COOK COUNTY, ILLINOIS; MANHATTAN COUNTY, NEW YORK; OR LOS ANGELES COUNTY, CALIFORNIA ("DETERMINED VENUE"). YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE DETERMINED VENUE FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of Vice to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Vice's rights with respect to such breach or any subsequent breaches. No waiver by Vice of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Vice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Vice may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Vice's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Vice by virtue of having drafted them.
ENTIRE AGREEMENT AND OUR RIGHT TO UPDATE THESE TERMS
These Terms and any applicable Additional Terms, as amended from time to time, constitutes the entire agreement that governs your use of the Sites and supersedes any prior agreements between you and Vice with respect to the subject matter of these Terms.
Vice reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using any Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.