Terms and Content Policies
The following terms and conditions govern all use of the ViperCard website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by ViperCard. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by ViperCard (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by ViperCard, acceptance is expressly limited to these terms.
Your Account
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ViperCard may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ViperCard liability. You must immediately notify ViperCard of any unauthorized uses of your account or any other breaches of security. ViperCard will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, pornographic, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ViperCard or otherwise.
By submitting Content to ViperCard for inclusion on your Website, you grant ViperCard a world-wide, royalty-free, and non-exclusive license to reproduce and publish the Content. If you delete Content, ViperCard will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ViperCard has the right (though not the obligation) to, in ViperCard’s sole discretion (i) refuse or remove any content that, in ViperCard’s reasonable opinion, violates any ViperCard policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ViperCard’s sole discretion.
Responsibility of Website Visitors
ViperCard has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ViperCard does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ViperCard disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ViperCard links, and that link to ViperCard. ViperCard does not have any control over those non-ViperCard websites and webpages, and is not responsible for their contents or their use. By linking to a non-ViperCard website or webpage, ViperCard does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ViperCard disclaims any responsibility for any harm resulting from your use of non-ViperCard websites and webpages.
Disclaimer of Warranties
The Website is provided “as is”. ViperCard and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ViperCard nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Copyright Infringement and DMCA Policy
As ViperCard asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ViperCard violates your copyright, you are encouraged to notify ViperCard in accordance with ViperCard’s Digital Millennium Copyright Act (”DMCA”) Policy. ViperCard will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ViperCard or others, ViperCard may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, ViperCard will have no obligation to provide a refund of any amounts previously paid to ViperCard.
Intellectual Property
This Agreement does not transfer from ViperCard to you any ViperCard or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ViperCard.
Changes
ViperCard reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ViperCard may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
ViperCard may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by ViperCard if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ViperCard’s notice to you thereof; provided that, ViperCard can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
In no event will ViperCard, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to ViperCard under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. ViperCard shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the ViperCard Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless ViperCard, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between ViperCard and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ViperCard, or by the posting by ViperCard of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Washington, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Seattle, Washington.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ViperCard may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms are based upon the WordPress Terms of Service, and are licensed under Creative Commons Share-Alike 1.0. This means that you are free to use and edit them for your own purposes, even commercially, provided you release your new versions under the same license.