VMSoul.com
TERMS AND CONDITIONS
Introduction
These terms and conditions govern your use of this
website; by using this website, you accept these terms and conditions in
full. If you disagree with these terms
and conditions or any part of these terms and conditions, you must not use this
website.
This website uses cookies. By using this website and agreeing to these
terms and conditions, you consent to our VMSoul's use of cookies in accordance
with the terms of VMSoul's (privacy policy / cookies policy).
License to use website
Unless otherwise stated, VMSoul and/or its licensors
own the intellectual property rights in the website and material on the
website. Subject to the license below,
all these intellectual property rights are reserved.
You may view, download for caching purposes only, and
print pages or images from the website for your own personal use, subject to
the restrictions set out below and elsewhere in these terms and
conditions.
You must not:
·
republish
material from this website (including republication on another website);
·
sell,
rent or sub-license material from the website;
·
show
any material from the website in public;
·
reproduce,
duplicate, copy or otherwise exploit material on this website for a commercial
purpose;
·
edit or
otherwise modify any material on the website; or
·
redistribute
material from this website (except for content specifically and expressly made
available for redistribution).
Where content is specifically made available for
redistribution, it may only be redistributed within our guidelines.
Acceptable use
You must not use this website in any way that causes,
or may cause, damage to the website or impairment of the availability or
accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity.
You must not use this website to copy, store, host,
transmit, send, use, publish or distribute any material which consists of (or
is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data
collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to this website without VMSoul’s
express written consent.
You must not use this website to transmit or send
unsolicited commercial communications.
You must not use this website for any purposes related
to marketing without VMSoul’s express written consent.
Restricted access
Access to certain areas of this website is restricted. VMSoul reserves the right to restrict access
to [other] areas of this website, or indeed this entire website, at VMSoul’s
discretion.
If VMSoul provides you with a user ID and password to
enable you to access restricted areas of this website or other content or
services, you must ensure that the user ID and password are kept
confidential.
VMSoul may disable your user ID and password in VMSoul’s
sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content”
means material (including without limitation text, images, audio material,
video material and audio-visual material) that you submit to this website, for
whatever purpose.
You grant to VMSoul a worldwide, irrevocable,
non-exclusive, royalty-free license to use, reproduce, adapt, publish,
translate and distribute your user content in any existing or future
media. You also grant to VMSoul the
right to sub-license these rights, and the right to bring an action for
infringement of these rights.
Your user content must not be illegal or unlawful, must
not infringe any third party's legal rights, and must not be capable of giving
rise to legal action whether against you or VMSoul or a third party (in each
case under any applicable law).
You must not submit any user content to the website
that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
VMSoul reserves the right to edit or remove any
material submitted to this website, or stored on VMSoul’s servers, or hosted or
published upon this website.
Notwithstanding VMSoul rights under these terms and
conditions in relation to user content, VMSoul does not undertake to monitor
the submission of such content to, or the publication of such content on, this
website.
No warranties
This website is provided “as is” without any
representations or warranties, express or implied. VMSoul makes no representations or warranties
in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing
paragraph, VMSoul does not warrant that:
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this
website will be constantly available, or available at all; or
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the
information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to
constitute, advice of any kind. [If you
require advice in relation to any [legal, financial or medical] matter you
should consult an appropriate professional.
Limitations of liability
VMSoul will not be liable to you (whether under the law
of contact, the law of torts or otherwise) in relation to the contents of, or
use of, or otherwise in connection with, this website:
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to the
extent that the website is provided free-of-charge, for any direct loss;
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for any
indirect, special or consequential loss; or
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for any
business losses, loss of revenue, income, profits or anticipated savings, loss
of contracts or business relationships, loss of reputation or goodwill, or loss
or corruption of information or data.
These limitations of liability apply even if VMSoul has
been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or
limit any warranty implied by law that it would be unlawful to exclude or
limit; and nothing in this website disclaimer will exclude or limit VMSoul’s
liability in respect of any:
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death
or personal injury caused by VMSoul’s negligence;
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fraud
or fraudulent misrepresentation on the part of VMSoul; or
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matter
which it would be illegal or unlawful for VMSoul to exclude or limit, or to
attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions
and limitations of liability set out in this website disclaimer are
reasonable.
If you do not think they are reasonable, you must not
use this website.
Other parties
You accept that, as a limited liability entity, VMSoul has an interest in
limiting the personal liability of its officers and employees. You agree that you will not bring any claim
personally against VMSoul’s officers or employees in respect of any losses you suffer in connection
with the website.
Without prejudice to the foregoing paragraph, you agree
that the limitations of warranties and liability set out in this website
disclaimer will protect VMSoul’s officers, employees, agents, subsidiaries,
successors, assigns and sub-contractors as well as VMSoul.
Credit
This document was created using a Contractology
template available at http://www.freenetlaw.com.
Unenforceable provisions
If any provision of this website disclaimer is, or is
found to be, unenforceable under applicable law, that will not affect the
enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify VMSoul and undertake to keep VMSoul
indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by VMSoul to
a third party in settlement of a claim or dispute on the advice of VMSoul legal
advisers) incurred or suffered by VMSoul arising out of any breach by you of
any provision of these terms and conditions, or arising out of any claim that
you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to VMSoul’s other rights under these
terms and conditions, if you breach these terms and conditions in any way, VMSoul
may take such action as VMSoul deems appropriate to deal with the breach,
including suspending your access to the website, prohibiting you from accessing
the website, blocking computers using your IP address from accessing the
website, contacting your internet service provider to request that they block
your access to the website and/or bringing court proceedings against you.
Variation
VMSoul may revise these terms and conditions from
time-to-time. Revised terms and conditions
will apply to the use of this website from the date of the publication of the
revised terms and conditions on this website.
Please check this page regularly to ensure you are familiar with the
current version.
Assignment
VMSoul may transfer, sub-contract or otherwise deal
with VMSoul’s rights and/or obligations under these terms and conditions
without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal
with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is
determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in
effect.
Entire agreement
These terms and conditions, together with PRIVACY/COOKIES
constitute the entire agreement between you and VMSoul in relation to your use
of this website, and supersede all previous agreements in respect of your use
of this website.
Law and jurisdiction
These terms and conditions will be governed by and
construed in accordance with United States and any disputes relating to these
terms and conditions will be subject to the [non-]exclusive jurisdiction of the
courts of Virginia.
VMSoul details
The full name of VMSoul is VIRGINIA’S MUSIC SOUL.
You can contact VMSoul by email to info
