3. Arbitration and the Law
PLEASE READ THIS SECTION CAREFULLY AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.
By visiting VLL, you agree not to bring any legal claims or disputes, or to file any lawsuits, now or at any time in the future, against VLL, that may arise or are related to the website, our content, products and services. In the event of a dispute or claim against VLL, the Terms & Conditions shall be construed in accordance with the rules, regulations and laws of the Commonwealth of Kentucky and the United States of America. You agree to resolve any dispute or claim, relating in any way to VLL, or to any products sold, through binding, individual arbitration, rather than in court and you waive your right to participate in a class action lawsuit. Rights that VLL and you would have in court (such as the right to appeal) may not be available in arbitration.
4. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Tems & Conditions VLL and/or its licensors own all rights to the intellectual property and material (including all information, text, software, displays, images, logos, the design, selection and arrangement thereof) contained in this Website (unless otherwise noted), and all such rights are reserved. This content is protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, personal, non-exclusive, non-transferable, revocable license only, subject to the restrictions provided in these Terms & Conditions, for purposes of viewing the material contained on this Website. You may access the material on VLL only for your own personal, non-commercial use. You must not reproduce, distribute, sell, license, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on VLL, except as incidental to normal web browsing, such as the cache of your internet browser, and for features of VLL that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by VLL. In regard to our mobile applications, you may download a single copy to each of your mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by these Terms & Conditions.
You must not modify copies of any materials from the website, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the website, reverse-engineer or otherwise attempt to steal the software code of the website.
Any use of VLL not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
5. Your Content
In VLL’s Standard Terms & Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this website and/or on any of VLL’s social media sites. With respect to Your Content, by displaying it, you grant VLL a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be illegal or infringing on any third party’s rights and it must not be abusive, profane, obscene, threatening or pornographic. Your Content must not encourage criminal behaviour or violate any law, attempt to infect us with computer malware, spyware, viruses or any other kind of malicious software that is actionable by law; you further agree that Your Content will not attempt unauthorized access to any feature of the website, send out unsolicited or unauthorized material or cause disruption in the operation of the website. You will be solely liable for any claims or damages resulting from any and all copyright or trademark violations, or other intellectual infringements from the Content that you provide to VLL.
By using VLL, you agree that you will use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms & Conditions.
VLL reserves the right to remove any of Your Content from this website at any time, and for any reason, without notice.
6. Third Party Links
VLL may add links to third parties (websites, affiliates or other related resources) for your convenience. You agree that VLL isn’t liable or responsible for the content posted on third party links. You agree that you assume all risks for visiting these third party websites and that VLL is not liable for any claims or damages you experience from visiting these third party websites. If you click on any third party links to visit their websites, then you’ll be subject to that website’s Terms and Conditions.
VLL reserves the right, at any given time and without any notice, to remove you, to limit your access and to terminate your access to our website.
8. No Warranties
All content, information, services and/or products on this website are provided “as is” and “as available” with all faults, and VLL makes no express or implied representations or warranties, of any kind related to this Website or to the content, services and materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. VLL disclaims all warranties, whether implied or express, for any purpose to the full extent of the law, as permitted.
9. Limitation of Liability
Your access to and use of VLL is at your own risk. You understand and agree that the content and materials are provided to you on an “AS IS” and “AS AVAILABLE” basis.
In no event shall VLL nor any of its officers, directors, joint venture partners and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and VLL. including its officers, directors, joint venture partners and employees. shall not be liable for any direct, indirect, consequential, punitive, incidental or special liability arising out of or in any way related to your use of this Website.
Neither VLL nor any of its officers, directors, joint venture partners and employees shall be liable to you for any claims or damages that result from any errors or omissions, delay or denial of any content, materials or services, any website flaws (including, but not limited to, performance, downtime, hacking, computer viruses and any other website issues), any unauthorized access by a third party (including any theft) of your information from VLL; any loss of income, profits, data, business or any goodwill or other intangible losses related to the website; any use or misuse of the content, materials, goods and/or services offered here at VLL.
It is intended that this limitation of liability shall apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract or equity. You agree that VLL provides no implied or express guarantees to you for the content on this website and you agree and also accept that no particular results are promised to you by VLL.
You hereby indemnify, hold harmless and defend to the fullest extent VLL, along with VLL’s officers, directors, joint venture partners and employees, from and against any and all liabilities, costs, demands, losses, causes of action, claims, suits, judgments, damages and expenses (including reasonable attorneys’ fees) arising out of or in any way related to your use or inability to use the website or any of the website’s services, including purchasing products, any postings by you or any other user of your account, your breach of any of the provisions of these Terms & Conditions, your breach of any applicable laws, rules or regulations, your infringement (by you or any other user of your account) of any intellectual property or other rights of anyone. VLL will notify you promptly, of any such claims or liability, and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to VLL as requested, without any cost to VLL, to defend any such claims.
In the event that any provision of these Terms & Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms & Conditions will remain in full force and effect. VLL’s failure to enforce any right or provision of these Terms & Conditions will not be deemed a waiver of such right or provision.
12. Revisions to the Terms & Conditions
We may revise our Terms and Conditions at any given time. By continuing to access or use VLL after those revisions are in effect, then you agree to be bound by the revised Terms and Conditions. It’s your responsibility to check VLL’s Terms and Conditions for updates.
VLL shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms & Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14. Entire Agreement
Any questions or concerns? Please feel free to contact me at admin@VivienLeighLegend.com