Terms and Conditions of Use for the vbPortal web site and discussion forums.

 

Introduction

Thank you for your interest in using the vbPortal web site and discussion forums (the "Forums").By using the Forums, you agree to be bound by the following terms and conditions. If you wish not to be bound by the following terms and conditions, your exclusive remedy is not to use the Forums.

 

vbPortal may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page, and you agree to be bound by these modifications or revisions. Although we will attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms.

 

Use of Material

The contents within the Forums are protected by copyright and other laws in both the United States and elsewhere. The Forums includes both content owned or controlled by the vbPortal as well as content owned or controlled by third parties and licensed to vbPortal (collectively, the "Materials").

 

vbPortal authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of vbPortal. Special rules may apply to the use of certain software and other items provided via the Forums, and are noted where appropriate.

 

If you would like information about obtaining vbPortal's permission to use any of the Material on your Web site, please send an e-mail to webmaster@vbportal.com.

 

Discussion forums

The vbPortal site contains certain discussion forums.

 

MUCH OF THE CONTENT OF THE DISCUSSION FORUMS--INCLUDING THE CONTENTS OF SPECIFIC POSTINGS--IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING IN THAT GROUP. vbPortal DOES NOT MONITOR THE CONTENT OF THE DISCUSSION FORUMS AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT. INSTEAD, vbPortal MERELY PROVIDES ACCESS TO SUCH CONTENT AS A SERVICE TO YOU.

 

By their very nature, discussion forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using discussion forums.

 

No Endorsement.

vbPortal does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications Posted in the discussion forums or endorse any opinions expressed in the discussion forums. You acknowledge that any reliance on material Posted in the discussion forums will be at your own risk.

 

No Obligation to Monitor.

vbPortal does not control the information delivered to the discussion forums, and vbPortal has no obligation to monitor the Discussion forums. However, vbPortal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in vbPortal's sole discretion.

 

vbPortal’s Rights.

If vbPortal discovers communications that allegedly do not conform to any term of this Agreement, vbPortal may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. vbPortal will have no liability or responsibility for performance or non-performance of such activities. vbPortal reserves the right to terminate or restrict your access to any or all of the discussion forums at any time without notice for any reason whatsoever. You acknowledge that all discussion forums are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any discussion forum. Generally, any communication that you post to the Forums is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by vbPortal as confidential, that fact will be explicitly stated on those pages. For more information on vbPortal’s approach to privacy in general, see vbPortal's Privacy Policy 

 

Permitted Uses.

You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the discussion forums only to send and receive messages and material that are legal, proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
  • Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
  • Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell any goods or services for any commercial purpose.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file Posted by another user of a Forum that you know, or reasonably should know, that cannot be legally distributed in such manner.
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
  • Restrict or inhibit any other user from using and enjoying the discussion forums.

 

License Grant.

By posting communications on or through the Forums, you automatically grant vbPortal a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

 

Copyright Infringement and Copyright Agent

vbPortal may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others.

 

Links to Other Sites

The Forums contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by vbPortal of the contents on such third-party Web sites. vbPortal is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

 

No Warranties

SOME OF THE MATERIAL ON THE SITE AND FORUMS IS PROVIDED BY THIRD PARTIES AND vbPortal SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. THE FORUMS AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. vbPortal AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. vbPortal AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

vbPortal DOES NOT WARRANT THAT THE FORUMS WILL OPERATE ERROR-FREE OR THAT THE SITE, THE FORUMS OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE, THE FORUMS OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, vbPortal IS NOT RESPONSIBLE FOR THOSE COSTS.

 

Limitation of Liability / Disclaimer of Damages

Your use of the vbPortal web site and Forums is at your own risk. If you are dissatisfied with any of the Materials or other contents of the vbPortal web site or the Forums or with these Terms and Conditions, vbPortal's Privacy Policy, or other policies, your sole remedy is to discontinue visits to the vbPortal web site and discontinue your use of the Forums.

 

IN NO EVENT SHALL vbPortal OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE FORUMS OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT vbPortal IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnity

You agree to defend, indemnify, and hold harmless vbPortal and its agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or posting of Material or your breach of the terms of this Agreement (a "Claim"). In the event a Claim is brought against vbPortal, vbPortal shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse vbPortal for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist vbPortal in such defense and any settlement negotiations related thereto, and to reimburse vbPortal for reasonable settlement amounts if any.

 

General

Access to the Materials may not be legal by certain persons or in certain countries. If you access the Forums from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

 

All legal issues arising from or related to the use of the vbPortal web site, the Forums, software produced by vbPortal, or commercial dealings with vbPortal shall be construed in accordance with and determined by the laws of the State of California, United States of America, without regard to it conflict of laws principles. By using this service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this service is the United States District Court for the Eastern District of California, or if such court lacks subject matter jurisdiction, the state courts of California encompassed within the geographic scope of the Eastern District of California. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

 

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this agreement and its referenced parts constitutes the entire agreement between you and vbPortal with respect to the use of the web site, the Forums, software purchased from vbPortal, or commercial dealings with vbPortal.