Terms of Service
Please read these terms of service very carefully before registering for, or using, the vFairs
web site and Service. These terms of service (“Agreement”) govern you accessing content
and using www.vFairs.com (and any subdomains) and its affiliate’s web sites and mobile
applications. This Agreement between you (“you”) and vFairs, is subject to change by us as
described below. By registering on the site by using this site you (i) accept this Agreement;
(ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding
agreement between you and vFairs.
- This web site and any other site powered by vFairs (collectively the “Site”) is owned and
operated by vFairs, LLC (referred to as “vFairs” herein) or behalf of vFairs or for the
vFairs’ customer (referred to as “Company” herein). The Site and its content (“Content”)
and the vFairs virtual fair service (“Service”) may only be accessed in accordance with
this Agreement. Any violation of the copyright in the Content or these terms and
conditions may be enforced by vFairs. Company, or the copyright owner to the fullest
extent allowed by law.
- You acknowledge and agree that vFairs or Company may stop (permanently or
temporarily) providing the Services (or any features within the Services) to you or to
users generally at vFairs’ and Company’s sole discretion, without prior notice to you.
You may stop using the Services at any time. You do not need to specifically inform
vFairs and Company when you stop using the Services. You acknowledge and agree that
if vFairs or Company disables access to your account, you may be prevented from
accessing the Services, your account details or any files or other materials which is
contained in your account.
- You agree not to access (or attempt to access) any of the Services by any means other
than through the interface that is provided by vFairs and Company, unless you have been
specifically allowed to do so in a separate agreement with vFairs and/or Company. You
agree that you will not engage in any activity that interferes with or disrupts the Services
(or the servers and networks which are connected to the Services). Unless you have been
specifically permitted to do so in a separate agreement with vFairs or Company, you
agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or
anything located on the Site for any purpose. You agree that you are solely responsible
for (and that vFairs and Company have no responsibility to you or to any third party for)
any breach of your obligations under this Agreement and for the consequences (including
any loss or damage which vFairs and/or Company may suffer) of any such breach.
- vFairs and Company do not charge for access using its mobile application; however, your
carrier rates will apply, such as fees for text messaging and data charges. You hereby
acknowledge, agree, and provide consent in order for users to sync any device with your
information.
- You understand that the Site employs the use of cookies and you hereby acknowledge
and agree that by using the Site that you to consent to the use of cookies in accordance
with vFair’s Privacy Policy.
- You understand that all information (such as data files, written text, computer software,
music, audio files or other sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the Services are the sole responsibility
of the person from which such materials originated, which may be you.
- vFairs and Company allow the following organizations to link to the Site without prior
written approval: (a) government agencies, (b) search engines, (c) news organizations, (d)
online directory distributors when they list vFairs or Company in the directory may link
to the Site in the same manner as they hyperlink to the websites of other listed businesses,
(e) and systemwide accredited businesses, except soliciting non-profit organizations,
charity shopping malls, and charity fundraising groups which may not hyperlink to the
Site. The above mentioned organizations may link to the vFairs or Company home page,
to vFairs’ and/or Company’s publications on the Site, or to other Site information so long
as the link: (a) is not in any way misleading, (b) does not falsely imply sponsorship,
endorsement or approval of the linking party and its products or services, and (c) fits
within the context of the linking party’s site. vFairs and Company may consider and
approve, in their sole discretion, other link requests from the following types of
organizations: (a) commonly-known consumer and/or business information sources such
as Chambers of Commerce, American Automobile Association, AARP and Consumers
Union, (b) dot.com community sites, (c) associations or other groups representing
charities, including charity giving sites, (d) online directory distributors, (e) internet
portals, (f) accounting, law and consulting firms whose primary clients are businesses,
and (g) educational institutions and trade associations. These organizations may link to
the vFairs’ and/or Company Site homepage, to publications or to other website
information provided that the link: (a) is not in any way misleading, (b) does not falsely
imply sponsorship, endorsement or approval of the linking party and its products or
services, and (c) fits within the context of the linking party’s site. Approved organizations
may hyperlink to the Site as follows (i) by use of of the vFairs’ or Company’s corporate
name, or (ii) by use of the uniform resource locator (web address) being linked to; or (iii)
by use of any other description of the Site or material being linked to that makes sense
within the
context and format of content on the linking party’s site. No use of vFairs’ or Company’s
logo or other artwork will be allowed for linking absent a trademark license agreement.
- Without prior approval and express written permission from vFairs or Company, you
may not create frames around the Site or use other techniques that alter in any way the
visual presentation or appearance of the Site.
- vFairs grants you a limited, revocable, worldwide, royalty-free, non-exclusive, nontransferable right and license to use the Site, Services and Content (collectively the
"Software") and otherwise exploit the Software for business purposes in accordance with
this Agreement.
- vFairs and Company reserves all rights not specifically granted herein. You shall not
modify any copyright notices, proprietary legends, any trademark and service mark
attributions, any patent markings, and other indicia of ownership on the Content or other
materials accessed through the Service. The delivery of, and license to, the Content
and/or access to third party materials does not transfer to you any commercial or
promotional use rights in the Content or any portion thereof. Any use of Content, or
descriptions; any derivative use of this Site or its materials; and any use of data mining,
robots, or similar data gathering and extraction tools is strictly prohibited. In no event
shall the user frame any portion of the Site or any materials contained therein.
- While vFairs and Company use reasonable efforts to include accurate and up-to-date
information on the Site, vFair and Company make no warranties or representations as to
its accuracy. vFairs and Company assume no liability or responsibility for any errors or
representations in the Content or this Site.
- The Site may contain links to other sites on the Internet which are owned and operated by
Third Party Vendors and other third parties (the “External Sites”). You acknowledge that
vFairs and Company are not responsible for the availability of, or the materials located on
or through, any External Sites. You should contact the site administrator or webmaster
for those External Sites if you have any concerns regarding such links or the materials
located on such External Sites.
- Users of the Site may post comments, reviews, and other materials and submit
suggestions, ideas, or other information, provided, the materials do not contain any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or
hateful content or content which is racially, ethnically or otherwise objectionable, or
which infringes upon the rights of any third party. You acknowledge that by accessing
the Site, you may come into contact with content that you find harmful, offensive,
threatening, indecent or objectionable and you acknowledge that vFairs and Company
shall have no liability to you for the content including, but not limited to explicit
language and other potentially offensive material. The user agrees to not impersonate
any person or communicate under a false name or a name the user is not entitled or
authorized to use. vFairs and Company have the right (but not the obligation) to remove,
prohibit, edit or discontinue any content on the Site, including content that has been
posted by users.
- If you post content or submit material, unless such content or material submittal is subject
to separate terms and conditions, vFairs shall own such content and material and you
hereby assign any rights in such content and material to vFairs. In the event ownership in
the content or material cannot be granted to vFairs, you grant vFairs and its affiliates a
perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and
license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare
derivative works from and otherwise exploit all such content and material as if it were the
full owner thereof. Furthermore, you grant vFairs, its affiliates, and sublicensees the
right to use your user name in connection with the content.
- At your discretion, you may provide feedback to vFairs and Company concerning the
functionality and performance of the Service from time to time, including, without
limitation, identifying potential errors, improvements, modifications, bug fixes, or
enhancements (“Feedback”). If you, through your evaluation or otherwise, suggest any
Feedback, you hereby assign the ownership in all Feedback to vFairs. In the event
ownership in the Feedback cannot be granted to vFairs, you grant vFairs at no charge a
perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce,
disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without
restriction. You agree that vFairs and Company may disclose that Feedback to any third
party in any manner and you agree that vFairs and Company have the ability to
sublicense all Feedback in any form to any third party without restriction.
- The Site may contain areas in which additional terms and conditions apply. For purposes
of the use of such areas, in the event of a conflict between the terms and conditions of
such other areas and this Agreement, this Agreement shall prevail. vFairs and Company
may at any time revise this Agreement by updating this posting. You are bound by any
such revisions and should therefore periodically visit this page to review the current
Agreement to which you are bound.
- You shall not transmit to vFairs or Company or upload to this Site any Harmful Code or
use or misappropriate the data on this Site for your own commercial gain. “Harmful
Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan
horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,”
“cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt,
disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any
manner, any data, storage media, program, system, equipment or communication, based
on any event, including for example but not limited to (i) exceeding a number of copies,
(ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a
particular date or other numeral, or (v) use of a certain feature; or (b) would enable an
unauthorized person to cause such result; or (c) would enable an unauthorized person to
access another person’s information without such other person’s knowledge and
permission.
- You may not use your username and password for any unauthorized purpose.
- vFairs and Company may retain and use, information collected in your use of the Service,
provided such information does not individually identify you.
- vFairs shall, and shall procure that its affiliates shall, process and protect your personal
data in accordance with applicable data privacy laws and regulations and vFair’s Privacy
Policy.
- vFairs or Company may terminate your access to our Site or the Service for any reason at
any time. The provisions that by their nature are designed to survive termination or
expiration of this Agreement shall survive termination or expiration of this Agreement or
your access to our Site or Service.
- By using this Site, you signify your assent to these terms of use and agree to comply with
all applicable laws and regulations, including U.S. export and re-export control laws and
regulations, copyright laws and other laws regarding intellectual property. If you do not
agree to these terms of use, please do not use the Site.
- The materials on this Site are provided with “Restricted Rights.” Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in applicable laws and
regulations. Use of the materials by the Government constitutes acknowledgment of
vFairs’ or Company’s proprietary rights in them.
- THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED
“AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. VFAIRS AND COMPANY SHALL HAVE NO
RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED
ON THE SITE OR SERVICES. VFAIRS AND COMPANY MAKE NO
GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE
FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, VFAIRS
AND COMPANY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY
BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT
IN THE USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS. VFAIRS AND COMPANY ARE NOT RESPONSIBLE FOR
ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM
SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS,
AND DENIAL OF SERVICE (DOS) ATTACKS.
- UNDER NO CIRCUMSTANCES, SHALL VFAIRS, COMPANY, OR EITHER OF
THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN
IF VFAIRS OR AND COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. VFAIRS’, COMPANY’S AND EACH OF THEIR
LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, SHALL NOT EXCEED $100, EVEN IF VFAIRS OR COMPANY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
- This Agreement shall constitute the entire agreement between the parties regarding the
subject matter hereof and supersede all proposals and prior discussions and writings
between the parties with respect thereto. No failure or delay in enforcing any right or
exercising any remedy will be deemed a waiver of any right or remedy. Each provision
of this Agreement is a separately enforceable provision. If any provision of this
Agreement is determined to be or becomes unenforceable or illegal, such provision shall
be reformed to the minimum extent necessary in order for this Agreement to remain in
effect in accordance with its terms as modified by such reformation. You shall not assign
or transfer this Agreement without the prior written consent of vFairs and/or Company.
Any attempt to assign or transfer this Agreement by you shall be void.
- The terms of this Agreement are governed by English law and you can bring legal
proceedings in respect of the Software in the English courts. vFairs and Company shall
not be liable to you for any delay or failure of vFairs or Company to perform its
obligations hereunder if such delay or failure arises from any cause or causes beyond the
reasonable control of vFairs or Company. Such causes shall include, but are not limited
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to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by
you in performing any requirements hereunder. This Agreement may not be modified,
supplemented, qualified, or interpreted by any trade usage or prior course of dealing not
made a part of the Agreement by its express terms. The invalidity or unenforceability of
any provision of this Agreement shall not affect the validity of this Agreement as a whole
and any such provision should be enforced by authorities, and reconstructed if need be, to
apply to the maximum extent allowable under applicable law. The failure by either party
to enforce at any time any of the provisions of this Agreement, to exercise any election or
option provided herein, or to require at any time the performance of the other of any of
the provisions herein will not in any way be construed as a waiver of such provisions.
Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event
of litigation involving the enforcement or interpretation of this Agreement. The section
headings used herein are for convenience only and shall not be given any legal import.
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