Terms and Conditions
2. Access to this Site: To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. Your registration information and any associated content will be deleted if we believe that you are less than 13 years of age. We reserve the right to terminate your access to this Site for any reason or no reason at any time without notice.
4. Personal and Non-Commercial Use Limitation: The Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without VigeoMedia®'s express prior written consent.
6. Trademarks and Copyrights: Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of VigeoMedia® and/or the vigeoXchange®. VigeoMedia® and the vigeoXchange® retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site. All contents of websites administered by VigeoMedia® are: Copyright 2012 VigeoMedia®, 5800 7th Avenue, Kenosha, Wisconsin, 53140. All rights reserved.
7. Hyper-Links: This Site may be hyper-linked to other sites which are not maintained by or related to us. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site.
B. Representations and Warranties: You represent and warrant that: (1) you own the Submissions Posted by you on or though the Site and/or Services or otherwise have the right to grant the license set forth in this Section, and (2) the Posting of your Submissions on or through the Site and/or Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or violate U.S. law or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, defamatory or otherwise objectionable or otherwise Prohibited Material as defined in Section C. You are solely responsible for the Submissions that you Post on or through the Site and/or Services. You agree to pay for all royalties, fees, and other monies owing any person or entity by reason of any Submission Posted by you on or through the Site and/or Services.
C. Policy: It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow Posting of any child pornography, or obscene or defamatory material. You agree that you will not Post in connection with this Site any Prohibited Material. Prohibited Material is material that:
• you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• harvests or otherwise collects information about others, including e-mail addresses, without their consent;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• falsifies or deletes any 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 permissible uploaded;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/ or soliciting goods or services) except as may be specifically authorized on this Site and/or agreed upon in written contract with VigeoMedia® for the purposes of the vigeoXchange®;
• solicits funds, advertisers or sponsors;
• includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
• amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
• disobeys any policy or regulation including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
D. Removal Right: You expressly agree that we may remove, disable or restrict access to or the availability of any Content or Submission from this Site (including, but not limited to, content which you have Posted or stored) which we believe, in our discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a notification duly sent to us. We also reserve the right at all times to edit, refuse to Post or to remove any information or materials, in whole or in part, in our sole discretion. If you believe that we have acted mistakenly with respect to certain Content or Submissions, you may contact us at email@example.com, in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting or storing Submissions and Content at this Site is a privilege, not a right. You agree that under no circumstances may we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling or restricting access to or the availability of Submissions and/or Content.
E. Procedures: If you believe that someone has Posted Content or material on this Site which violates this policy (other than in cases of copyright infringement, which is addressed in Section 9.F.), we ask you to promptly notify us at firstname.lastname@example.org. You must use this link if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications. In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration number of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.
F. Digital Millennium Copyright Act Compliance: We respect the intellectual property rights of others and we prohibit users from Posting to or through the Site or Services any materials or Content that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright which you own has been Posted on our Site without authorization you may send a written notification to our Designated Agent at: Matt Serpe email@example.com In accordance with the Digital Millennium Copyright Act, and other applicable law, VigeoMedia® has adopted a policy of terminating, in appropriate circumstances and at VigeoMedia®,s sole discretion, members who are deemed to be repeat infringers. VigeoMedia® may also, at its sole discretion, limit access to the Site and/or Services and/or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
10. Disclaimer: YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. VigeoMedia® DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VigeoMedia® DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VigeoMedia® DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VigeoMedia® MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT VigeoMedia®, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. VigeoMedia® MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
11. Limitation on Liability: VigeoMedia®, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VigeoMedia® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VigeoMedia® AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO VigeoMedia® FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
C. No Agency Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and VigeoMedia® as a result of this Agreement or use of VigeoMedia,s® websites, unless otherwise stated in a written contract between you and VigeoMedia® for the sole purposes of maintaining and supporting the vigeoXchange®.
E. Admissibility: A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
F. Non-Waiver: The failure of VigeoMedia® to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
G. Titles: The section titles are for convenience only and have no legal or contractual effect.
1. Collection of Information:
A. Purpose: Users may access limited features of this website without disclosing personal information. In order to access the entire website, users may have to register for an account, which will provide the registrant with full access to the website, including access to the website's forums, message boards and chat rooms, if any.
B. Information Sought During Registration: During the account registration process, you may be asked to submit personal information, including, but not limited to your name, age and an active email address. Demographic information including, but not limited to, age, gender, and zip code may also be collected and compiled as aggregate demographic information.
D. Use of vigeoXchange® cards in correlation with this website: If registered with the VigeoMedia® vigeoXchange®, you hereby understand that information pertaining to your disclosed purchase amounts will be maintained within the site for the purposes of revenue generating agreements between local business and local sports and non-profit organizations, and schools. This is including, but not limited to the date of purchase, purchase amount, location of purchase, and any personal information disclosed in accordance to vigeoXchange® card registration. This information is not available to the general public, and access is limited to the registered card holder, the business at which purchases are made, organizations and affiliations for which you chose to sponsor through use of the vigeoXchange® card, the vigeoXchange® staff, and VigeoMedia® in the form of statements. By using this site you understand and authorize that your purchase information made in accordance with the usage of the vigeoXchange® card will be shared with the appropriate parties via these statements for the purpose of the distribution of generated funds. To facilitate in this process sports and non-profit organizations and schools (collectively, -Affiliations-), and sponsors agree to fulfill the requirements in their original contract in a timely manner as outlined in those documents.
2. Use of and Sharing of Information: Except as otherwise stated below, the personal information you provide on this website will not be shared with any third-parties, although VigeoMedia® reserves the right to share such information with its affiliates, subsidiaries, and independent contractors without your permission. VigeoMedia® and the vigeoXchange® reserve the right to disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on VigeoMedia® or the vigeoXchange®; (b) protect and defend the rights or property of VigeoMedia® and/or the vigeoXchange®; and, (c) act under exigent circumstances to protect the personal safety of users of this website or the public. Links may be provided for you to send email messages to this website for your convenience and your email address is used so that this website may reply to your inquiry. Additionally, visited pages may be tracked in order to determine which areas of the website are the most popular. This data may be used to deliver customized content and advertising. Sponsors, Affiliations and users agree to a non-solicitation clause for all information generated through this site in that the information submitted on or through this site may not be collected through any means for the purpose of unrequested contact and solicitation. Aggregate demographic information may be provided to sponsors for their usage, and will include, but may not be limited to, age, gender, and zip code. If registered with the VigeoMedia® vigeoXchange®, you hereby understand that information including, but not limited to those instances stated in Section 1.D, pertaining to your disclosed purchases will be maintained within the site for the purposes of revenue generating agreements and you understand and authorize that your purchase information made in accordance with the usage of the vigeoXchange® card will be shared with the appropriate parties as mentioned in 1.D via statements for the purpose of the distribution of generated funds. The information provided to Sponsors will include, but may not be limited to the date of purchase, your purchase amount, your card number, and Affiliations based upon that card number. The information provided to the Affiliations will include, but may not be limited to the card number, your name and the total amount of money you generated through qualifying purchases made in accordance with the vigeoXchange®. For sponsors registered with the vigeoXchange®, the information provided to the Affiliations will include, but is not limited to the name of the sponsor and/or the deal, the total sponsorship amount earned by the users at that location and the status of payment. For sponsors registered with the vigeoXchange®, the information provided to the user will include the date of the transaction, their Affiliations, the name of the sponsor and/or the deal, the rate and the amount of sponsorship generated through their individual purchases.
3. Information Security: VigeoMedia® shall use commercially reasonable efforts to secure the private information you provide. If you choose to create a profile on the website or if you choose to register for an account, you will be required to select a password. You must keep your password confidential and you must not share this information with anyone. You should always log out of the website before leaving it to prevent access to your information from subsequent users of that computer.
5. Use of Web Beacons: This website may contain electronic images known as web beacons. Web beacons are used solely to compile aggregated statistics concerning the use of the website. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view and a description of the page on which the web beacon resides.
6. Communities and Forums Offered on this Website: Any personally identifiable information or personally sensitive data that you disclose through the communities, forums, message boards, chat rooms or other public online forums hosted on this website (collectively, -Services-), may be collected and used by others. Caution should be exercised when giving out personal information to others during the use of these Services. You should review the privacy statements of websites you choose to visit via hyper-links posted on this website so that you can understand how those websites collect, use and share your information. Neither VigeoMedia® nor the vigeoXchange® is responsible for the privacy policies or other content on third-party websites accessed through this website.
7. User Access To and Control of Information: If your email address or other personal information has changed, you will need to access your account and update the information in your account. Occasionally, emails concerning website disruptions, new products and other news about products and services may be sent to you. These emails are sent to all account holders and are not subscription-based. Such emails are considered a part of the service to the users of this website.
8. Children: Protecting the privacy of the very young is especially important. For that reason, information is never collected at this website from those we actually know are under 13. If you are under age 13, please do not attempt to register for the website or use the services and do not send any information about yourself to us. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. THE WEBSITE IS A GENERAL AUDIENCE WEBSITE AND DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THIRTEEN YEARS OF AGE.
10. Unsolicited Email, Spamming & Spoofing: You may not use this website to transmit unsolicited email. You may not send unsolicited email to this website or to anyone whose email address includes the domain name used on this website. You may not use this domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof their identity when using this website. To contact us, firstname.lastname@example.org.
Last Updated: 04/12/2012