www.vigilantfire.com

Terms Of Service Agreement

/Home/Policy.TermsOfService.asp

Updated: March 17, 2004

Overview

www.VigilantFire.com is an online information publishing service (hereinafter referred to as "the Service") owned and operated by Vigilant Fire Dept. (hereinafter referred to as "Site Owner"). This agreement specifies the terms and conditions under which Site Owner agrees to provide you with access to the Service.

You must accept this agreement (hereinafter referred to as "Agreement") in its entirety, including all of its terms and conditions, before you can use the Service. By viewing the content on this website, you have indicated that you accept this agreement and agree to abide by its terms and conditions.

Site Owner, in its sole discretion, may add, delete, or modify some or all of the features of the Service at any time.

1. Description of Service

1.1. The Service publishes information about events offered through its entertainment program. The service allows you to subscribe to an email newsletter from which you will receive event schedules and information sent to your email address that you provided when you signed up.

1.2. The Service is provided subject to this Agreement, as it may be amended by Site Owner, and any guidelines, rules or operating policies that Site Owner may establish and post from time to time, including without limitation all help files and supporting documents.

1.3. By posting updated versions of the Agreement on the website, or otherwise providing notice to you, Site Owner may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Service at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the website.

2. Eligibility and Registration

2.1. The Service is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Service. Furthermore, the Service is not available to parties whose use of the Service has been suspended or terminated.

2.2. To use the Service, you must submit a completed registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Service. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Service. You shall provide current, complete and accurate registration information (including email address), and then update the information as required to keep the registration information current, complete and accurate. Site Owner reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

3. Passwords and Security

3.1. You are responsible for maintaining the security of your account, passwords, and data files. You shall at all times maintain the confidentiality of your account name and password. If you are a member of a corporation, partnership or other legal entity, you may allow employees to use your account name and password, provided that you take full responsibility for all activity and all charges by such employees. Permitting use of the Service by a third party is prohibited and is a violation of this Agreement. If there is a breach of security through your account, you must immediately change your password and also notify us through the Service's Contact Us page. You will be liable for any unauthorized use of the Service until you notify us of the security breach.

4. Privacy

4.1. Site Owner is committed to protecting your privacy and we will only use and disclose your information in accordance with our then current Privacy Promise which is incorporated herein by reference. You will adopt and maintain the Privacy Promise, which may be modified by Site Owner from time to time.

4.2. In using the varied features of the Service, you may provide information (such as name, contact information, or other registration information) to Site Owner. Site Owner may use this information and any technical information about your use of the Service to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Service as a result of solicitation by a Marketing Partner of Site Owner, Site Owner. may share your information with the Marketing Partner. Site Owner will not provide information to companies you have not authorized, and Site Owner will not permit the companies that get such information to sell and redistribute it without your prior consent. Site Owner will not use your account data or any other data collected through use of the Service, for any other purposes than those intended with the Service. Your account data will not be shared with any other parties.

5. Usage of the Service

5.1. The Service may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. See our Content Policy for details.

6. Restrictions and Responsibilities

6.1. This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Service or any software, documentation, or data related to the Service ("Software"); remove any proprietary notices or labels from the Service or any Software, modify, translate, or create derivative works based on the Service or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any Software. The Service shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Service in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Service or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

6.2. You acknowledge and agree that the Service and the Site Owner company names and logos and all related product and service names, design marks and slogans (collectively, the "Marks"), are the property of Site Owner or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Site Owner. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain with Site Owner or its third party suppliers, as the case may be.

6.3. You represent, covenant, and warrant that you will use the Service only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless Site Owner against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Service. Although Site Owner has no obligation to monitor the content provided by you or your use of the Services, Site Owner may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the terms herein.

6.4. For every screen displayed by the Service, and any email message sent in connection with the Service, you acknowledge and agree that the Service may automatically add an identifying emblem stating "Powered by " or a similar message. You agree to cooperate with and provide reasonable assistance to Site Owner in promoting and advertising the Services.

7. Your Content

7.1. "Your Content" is defined as any information, data, text, graphics, photographs, images or other materials you use with the Service. For example, Your Content may include information you incorporate into posting on a public discussion board that are displayed to visitors who use the Service. You are solely responsible for Your Content, and we act as a passive means for your online storage, distribution and publication of Your Content.

7.2. Your Content (or any items included therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third-party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, deceptive practices, or securities transactions); (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene, contain child pornography; and (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers; (h) shall not violate the terms and conditions of any agreements you have with third-parties, including providers of external website services, as such terms and conditions relate to your use of the Service; (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

7.3. You shall only use the disk storage space allocated to you through the Client Control Panel for storing images used in public discussion boards created through the Service.

7.4. By entering into this Agreement and providing Your Content to Site Owner, you grant Site Owner a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right (including a waiver of any applicable moral rights) to exercise the copyright and publicity rights you have in Your Content, in any existing or future media now known or not currently known, solely for purposes related to providing the Service ("License"). You represent and warrant that you have the authority to grant the License and that the holder of any intellectual property or other proprietary rights in Your Content has licensed, assigned or waived such holder's rights to the extent necessary to grant the License.

7.5. Any communications or materials you transmit to Site Owner by electronic mail or otherwise or post in a public area of the Site may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we, and our affiliates, are free to use any ideas, concepts, know-how or techniques contained in any such communication for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.

7.6. Site Owner reserves the right to access, monitor, remove, or disable access to any of Your Content at any time in its sole discretion.

8. Site Owner and Third-Party Intellectual Property

8.1. Other than Your Content, all content included or available on the website, such as advertisements, text, graphics, logos, button icons, images, audio clips and software, is the property of Site Owner and/or third-parties and is protected by copyrights, trademarks or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement and assembly) of all content on the website is the exclusive property of Site Owner and/or its licensors, suppliers and distributors and is protected by copyrights or other intellectual and proprietary rights. All software used on the website is the property of Site Owner and/or its software suppliers or distributors and is protected by copyrights, patents or other intellectual and proprietary rights.

8.2. Subject to the terms and conditions of this Agreement, Site Owner grants a limited license to you to make personal use of the website and the Service only for their intended purposes. This license expressly excludes any resale of the website and the Service, making any derivative of the website or the Service, the collection and use of other users' email addresses or other materials (for example, advertisements), or any data extraction or data mining whatsoever, except with the express consent of the owner of such materials. You may not repost or otherwise reuse content that you create using the Service other than through the Service.

8.3. Site Owner retains all right, title, and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). You shall only use Site Owner Marks with the express permission of Site Owner and then only in the manner authorized. Under no circumstances may you alter, modify, or change Site Owner Marks.

9. User Conduct

9.1. You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Service. You may not use the Service to engage in fraud or other illegal activity, or to infringe the intellectual property rights of others. If you would like to review our copyright policy, or believe that one of our users has infringed on your copyrighted materials, please visit our Copyright Policy for further instructions.

9.2. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted by the Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Service. You agree that you will not collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information from the Service without the prior expressed written permission of Site Owner or the appropriate third party. You agree that you will not use any robot, spider, or other automatic device or routine to access or interface with the Service.

9.3. You may not remove or export from the United States or allow the export or re-export of the Service, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

10. Suspension and Termination

10.1. You may terminate this Agreement at any time by discontinuing your use of the website.

10.2. Site Owner, at its own discretion, may immediately disable your access to the Service without refunds if Site Owner believes in its sole discretion that you have violated any of the restrictions listed herein. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the website and Service if you breach any of the terms of this Agreement or if you take any actions that, in our sole judgment, may cause legal liability for or claims against you, our users, or us. In the event Site Owner suspends or terminates your access to the website or Service, you acknowledge that you may be denied any further access to Your Content.

10.3. Site Owner may terminate this Agreement or the Service at any time with or without cause, and with or without notice. Site Owner shall have no liability to you or any third party because of such termination. Within 30 days after the date of termination, Site Owner will delete any of your archived data.

10.4. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, provisions related to intellectual property, warranty disclaimers, general releases, limitations of liability, indemnity and the general provisions.

11. Warranty Disclaimer; Remedies

11.1. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SITE OWNER AND OUR SUPPLIERS OR DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. SITE OWNER AND OUR SUPPLIERS OR DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION:

  • (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  • (B) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
  • (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
  • (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SITE OWNER OR OUR SUPPLIERS OR DISTRIBUTORS.

11.2. USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SITE OWNER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED "AS IS" AND SITE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

11.3. Your sole and exclusive remedy for any failure or nonperformance of the Service shall be for Site Owner to use commercially reasonable efforts to adjust or repair the Service.

11.4. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not fully apply to you. You may also have other legal rights that vary from state to state.

12. Limitation of Liability

12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SITE OWNER OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SITE OWNER") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE., EVEN IF SITE OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, SITE OWNER IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF SITE OWNER TO YOU WILL BE NOTHING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

13. General Release.

13.1. BECAUSE SITE OWNER AND OUR SUPPLIERS OR DISTRIBUTORS ARE NOT INVOLVED IN DEALINGS BETWEEN OUR USERS OR BETWEEN OUR USERS AND THEIR VISITORS OR CUSTOMERS, IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER PARTY, YOU RELEASE SITE OWNER (AND ITS AGENTS AND EMPLOYEES, SUPPLIERS AND DISTRIBUTORS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. FURTHER, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE 1542 (OR ANY OTHER SIMILAR STATUTE) WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR A THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

13.2. YOU ACKNOWLEDGE AND AGREE THAT SITE OWNER IS NOT RESPONSIBLE FOR THE AVAILABILITY OF MARKETPLACES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY SERVICES, CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH MARKETPLACES. YOU AGREE THAT SITE OWNER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH SERVICES, CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS.

13.3. YOU ACKNOWLEDGE AND AGREE THAT SITE OWNER DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE THROUGH THE SERVICE. YOU MAY FIND OTHER USER'S INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU AGREE THAT SITE OWNER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH INFORMATION.

14. Indemnity

14.1. You hereby agree to, at your own expense, indemnity, defend and hold Site Owner and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to the Service; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against Site Owner arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or Site Owner's provision, of the Services or use of your account by any third party. Site Owner will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on Site Owner's behalf without the prior written consent of Site Owner.

15. Notices

15.1. Site Owner shall provide notice to you via email to the email address currently in your account settings. Such notice shall be deemed given 24 hours after it is sent, or earlier if actually received by you earlier. Alternatively, Site Owner may choose to provide notice to you via certified or registered mail to the mailing address currently in your account settings. In such case, notice shall be deemed given 3 days after the date of mailing. You shall provide notice to Site Owner through the Contact Us page, with a copy sent via certified or registered mail to Site Owner Attn: Customer Service.

16. Miscellaneous

16.1. This Agreement is not assignable, transferable or sublicenseable by you without Site Owner's prior written consent, and any such conveyance shall be null and void. Site Owner may assign this Agreement in whole or in part.

16.2. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

16.3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

16.4. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

16.5. Site Owner and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

16.6. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree and acknowledge that you are not entering into this agreement in reliance on any statements or representations other than those set forth herein. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

16.7. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Site Owner in any respect whatsoever.

16.8. The Agreement shall be governed by the laws of the Site Owner's State, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Site Owner's principle place of business. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

17. Questions and Comments

17.1. If you have any questions or comments about this agreement, you can contact us through the use of our contact form on our website at the location /About/ContactUs.asp.

 

    

 


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