Legal Terms and Conditions please read these terms carefully before
using this site
The text, graphics, sounds, files, software or other information
(the “Materials”) found on Vinduvin, Inc. (“Vinduvin”)
websites, including www.vinduvin.com (the “Sites”)
are provided by Vinduvin as a service to its customers and may
be used for informational purposes only. All uses of the Materials
or the Sites are subject to the terms and conditions of this legal
notice (the “Terms”). By viewing the Sites or downloading
any Materials from the Sites, you agree to these Terms. If you
do not agree to the Terms, do not view the Sites or download any
Materials from them.
1. License
You may browse the Sites for information.
You may not distribute, modify, transmit or revise
the contents of the Sites without the written permission
of Vinduvin.
2. Protected Information
The Materials at the Sites are
copyrighted and protected by trademark and other intellectual
property laws. Any unauthorized use may violate copyright,
trademark, and other laws. Neither title nor intellectual
property rights are transferred to you or any third
party through the use of or access to the Sites. All
rights, title, and interest in and to all aspects of the Sites
remain the sole property of Vinduvin or its authorized third-party
suppliers and service providers. You may download one copy of the
Materials on a single computer for your personal, non-commercial
internal use only, unless specifically licensed to do otherwise
by Vinduvin in writing or as allowed by any license terms that
accompany or are provided with the individual Materials. This is
a license, not a transfer of title, and is subject to the following
restrictions: you may not:
(a) modify the Materials or use them
for any commercial purpose, or any public display,
performance, sale or rental;
(b) decompile, reverse engineer, or
disassemble software Materials except and only to the
extent permitted by applicable law;
(c) remove any copyright or
other proprietary notices from the Materials;
(d) transfer
the Materials to another person.
3. No Warranty
THE MATERIALS AND THE SITES ARE PROVIDED “AS
IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Vinduvin
and its suppliers further do not warrant the accuracy
or completeness of the information, text, graphics,
links or other items contained within the Materials.
Vinduvin may make changes to the Materials and the
Sites at any time without notice. Vinduvin makes no commitment
to update the Materials or the Sites. Neither Vinduvin nor its
third-party suppliers or service providers warrant that the Sites
or associated server computers are free of viruses or other harmful
components. You solely (and not Vinduvin) assume the entire cost
of all necessary servicing, repair, or correction to your equipment,
computers, software, or data resulting in any way from
viewing or downloading the Materials or otherwise using the Sites.
4. Disclaimer
IN NO EVENT SHALL VINDUVIN BE LIABLE
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS,
EVEN IF VINDUVIN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
5. User Submissions
Except as otherwise
specified in our Privacy Statement, any information,
communications or materials that you post or transmit
to the Sites (“Communications”)
are, and will be treated as, non-confidential and non-proprietary,
and shall forever be the exclusive property of Vinduvin.
By transmitting or posting any Communications on the
Sites, you grant to Vinduvin or its designees a perpetual,
royalty-free, fully paid-up world-wide license to use,
distribute, sublicense, lease and market (directly
or indirectly through agents and distributors), display,
perform, modify and have modified, reproduce, copy
and have copied, publish and prepare derivative works
thereof in any form and format and in any media in
existence or hereinafter developed, the Communications
and any and all information contained therein. Vinduvin
and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and
all data, images, sounds, text, and other things embodied therein
for any and all commercial or non-commercial purposes.
You may not post or transmit any unlawful, threatening, libelous
defamatory, obscene, pornographic, indecent or profane material,
or any material that could constitute or encourage conduct that
would be considered a criminal offense or violate any law or regulation.
6. User Representations; Indemnification
You represent and warrant
that: (a) the information you provide to Vinduvin on
any forms on the Sites is true and accurate; (b) you
will at all times comply with all applicable laws, rules, and regulations
with respect to your use of the Sites; (c) you will not
use the Sites in connection with making Communications
or otherwise, to infringe, misappropriate or violate
the rights of Vinduvin or third parties; (d) you will
only make Communications of information to which you
have sufficient rights to grant the license set forth
in Section 4., above; (e) you will not knowingly include
in Communications or otherwise introduce to the Sites,
any viruses or other items of a destructive nature;
and (f) you will comply at all times with these Terms
for the Sites as they may be amended from time to time
by Vinduvin.
By accessing and/or using the Sites under
these Terms, you further agree to and authorize all
Vinduvin policies under its Privacy Statement, including
but not limited to policies regarding disclosure of personally
identifiable information.
If you are granted access to any protected areas of
the Sites by a password protected account, you agree
to be responsible for maintaining the confidentiality
of the password(s) of such account(s), and to be fully
responsible for all activities that relate to the use
or misuse of your password(s). You agree to notify
Vinduvin immediately of any unauthorized use of your
password(s).
You agree that with respect to any special promotions,
coupon offers, sweepstakes, or other like activities
offered on the Sites, that you will abide by the rules
established by Vinduvin for such activities as described
on the Sites. For coupon offers, you agree to only
print the authorized number of coupons as specified
by the particular promotion on the Sites.
You will indemnify and hold harmless Vinduvin against
any and all judgments, settlements, penalties, costs
and expenses (including attorneys’ fees) paid or incurred
in connection with claims due to, resulting from or
arising in connection with Communications made distributed,
displayed, transmitted or published by you, including
but not limited to those attributable to (a) infringement,
misappropriation or violation of any copyrights or
other proprietary rights of any third party, and (b)
errors in or omissions from such Communications.
7. Use of Marks
Vinduvin only purports to use names,
logos or marks appearing in the Sites in those territories
in which it or its affiliates are entitled to do so,
whether by virtue of pending or registered trademarks,
licenses, or otherwise. Vinduvin does not purport to
use any name, logo or mark in any territory in which
it is not so entitled, and will not supply or offer
to supply products and/or services bearing any such
name, logo or mark into any such territory. The use
or misuse of these trademarks or any other Materials
is strictly prohibited.
8. Termination of this License
Vinduvin may terminate
this license at any time if you are in breach of
these Terms. Upon termination, you will immediately destroy
any copies of the Materials in your possession.
9. US Government Restricted Rights
The Materials are
provided with “RESTRICTED RIGHTS.” Use, duplication
or disclosure of the Materials by the U.S. Government
and parties acting on its behalf is governed by, and subject to
the restrictions set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable. Use of the Materials
by the Government constitutes acknowledgment of Vinduvin’s
proprietary rights in them.
10. Use of Personally Identifiable Information
All use
of personally identifiable information submitted
by you to Vinduvin via any forms on the Sites is governed
by the terms of Vinduvin’s
Privacy Statement.
11. Links To/From Other Sites
Third party sites may be linked to and from the Sites.
Such linked sites are not under the control of Vinduvin,
and Vinduvin is not responsible for the content of
any linked site or any link contained in a linked site.
Vinduvin reserves the right to terminate any link or
linking program at any time. Vinduvin does not endorse
companies or products to which it links, unless it
expressly states otherwise. If you decide to access
any of the third party sites linked to the Sites, you
do this entirely at your own risk.
You may provide links to the Sites from other sites
provided that (a) you link only to the Sites’ home pages,
(b) you do not remove or obscure, by framing or otherwise,
any identifications, advertisements, copyright notice,
or other notices on the Sites, (c) you give Vinduvin
notice of such link via e-mail or certified postal mail, and (d)
you discontinue providing links to the Sites if requested by Vinduvin.
12. General
Vinduvin controls the Sites from its offices within
the United States of America. Vinduvin makes no representation
that Materials in the Sites are appropriate or available
for use in other locations, and access to them from
territories where their content is illegal is prohibited.
Those who choose to access the Sites from other locations
do so on their own initiative and are responsible for
compliance with applicable local laws. You may not
use or export the Materials in violation of U.S. export
laws and regulations. You agree that any claim relating to the
Materials shall be governed by the substantive laws of the State
of Delaware, and you agree to personal jurisdiction therein
Vinduvin may revise these Terms at any time by updating
this posting. You should visit this page from time
to time to review the then-current Terms because they
are binding on you. Certain provisions of these Terms
may be superseded by additional express legal notices
or terms posted on particular pages of the Sites. Continued
use of the Sites following any change constitutes acceptance
of the change.
You may terminate your access to the Sites at any time.
Vinduvin may suspend or discontinue providing the Materials
to you with or without cause and without notice. Vinduvin
may pursue any other remedy legally available to it
if you fail to comply with any of your obligations
hereunder.
Except as otherwise provided herein, all notices and
other communications hereunder shall be in writing
or displayed electronically on the Sites by Vinduvin.
Notices shall be deemed to have been properly given:
1) on the date deposited for postal mail; 2) on the
date first made available, if displayed in the Sites;
or 3) on the date received, if delivered in any other
manner. Notices to you may be sent to any of the addresses
provided by you on any form on the Sites. Except as expressly
directed otherwise by Vinduvin herein or elsewhere
in the Sites, notices to Vinduvin should be sent to: Vinduvin,
Inc., 7 Briarglenn, Aliso Viejo, CA 92656.
The failure of Vinduvin to enforce any provision hereof
shall not constitute or be construed as a waiver of
such provision or of the right to enforce it at a later
time.
You may not assign your rights or delegate your duties
under these Terms.
These Terms constitute the entire agreement between
the parties with respect to the subject matter hereof.
All prior agreements, understandings, negotiations
or representations, whether oral or in writing, relating
to the subject matter hereof are superseded and canceled
in their entirety.
If any provision hereof is adjudged to be invalid,
void, or unenforceable, the parties agree that the
remaining provisions hereof will not be affected thereby,
that the provision in question may be replaced by the
lawful provision that most nearly embodies the original
intention of the parties, and that these Terms for
the Sites will in any event remain valid and enforceable.
Copyright © 2005 Vinduvin, Inc. |