1.0 ACCESS TO, AND USE OF INFORMATION ON THE SITE.
1.1 License for Personal Use
The compilation of information contained on the Site, and all of the text, graphics, code, multimedia clips, images and other copyrightable material created by VCG its affiliates, or other entities are owned by VCG and, if applicable, its affiliates or other entities, and is protected by copyright and other intellectual property rights. All rights are reserved and use is subject to the following license. In addition, VCG licenses video, graphics, content, or online services that are made available on the Site. Rights with regard to licensed materials are similarly reserved by their owners and use is subject to the following license.
Users of the Site are granted a limited license to display, review and make personal use of information from the Site. You can search for specific information to be used by you in connection with purchasing services from sign and graphics companies.
The information compiled and published by VCG and its affiliates, or other entities, or material components thereof, cannot be legally reproduced, stored in any information retrieval system, republished, or re-disseminated in any manner of form without first having obtained our prior written consent.
1.2 Software and Database Structure
All software and databases utilized to operate the Site, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by VCG or, if applicable, its Licensors. Any unauthorized access to, or reproduction, redistribution, publication, display or other use of the Software is expressly prohibited.
1.3 Ability to Restrict Use of the Site
VCG reserves the right to impose limitations on the number or type of searches being conducted on the Site. We also reserve the right to deny access to the Site or to discontinue existing services.
1.4 Linking to Site
If you operate a website and wish to link to the Site, you must link only to the Site's home page unless we have given you prior written consent to link to another page(s). We reserve the right to reject or terminate any links to the Site or to content on the Site.
1.5 Trade Marks
Words, phrases, names, designs or logos used on the Site constitute trade marks, service marks or trade names of VCG or other entities. The display of any marks on the Site is not intended to, and does not grant to users a license to utilize those marks without the express written consent of their owners. You cannot alter or remove any “tm” or “Â®” or other notice of trademark rights from any permitted copies of content of the Site which you obtain. Furthermore, you are not permitted to utilize marks or content from the Site in any manner that implies an affiliation or association with, or sponsorship or endorsement by VCG that is unknown and or unauthorized by us.
1.6 No Warranties of Site Performance
Access to the Site is provided on an "as is" and “as available” basis. You should not assume that your use of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. All information provided on the Site is subject to change without notice. VCG cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features.
VCG disclaims, to the maximum extent permitted by law, all express or implied warranties, representations and conditions regarding use or performance of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. VCG disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any VCG services.
You assume total responsibility for your use of the Site. Your sole remedy against VCG for dissatisfaction with the site or any content is to stop using the Site. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
VCG reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
1.7 No Warranties or Representations About Information
We are a Software as a Solution (SaaS) provider of online services for the visual graphics industries and an online publisher of information about sign companies and sign-related products and services. Much of the information we publish is compiled from data we obtain about, or are provided by, third parties. We try to make it easy to use the Site and to deliver relevant information to you and other users. In order to accomplish these goals, we need to collect information from or about users of the Site.
We do not certify or warrant any of the information on the Site. All information is believed to be reliable but is not warranted in any form.
As a consequence of the foregoing, VCG expressly disclaims, to the maximum extent permitted by law, all express and implied warranties relating (a) to information appearing on the Site including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
1.8 Advertisers, Sponsors and Subjects of Research
No mention of a company or its product or service on the Site should be construed as an endorsement of that party or its product or service. We do not independently evaluate and cannot guarantee the quality, accuracy, completeness or timeliness of information provided by third parties on or through the Site. Also, the Site may contain links to other sites. These other sites are operated by parties other than VCG. We are not responsible for the accuracy or appropriateness of the information contained on third party sites nor do the links constitute endorsement of the content of, or viewpoints expressed at sites maintained by others.
Advertisers on the Site may include information about special offers, incentives, or pricing programs associated with specific services ("Offers"). We are not responsible for the content of any such Offers. Thus we similarly are not responsible for any errors or omissions in Offer contents or descriptions. You should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability of the product or service covered by the Offer.
1.9 Limitation of Liability
In no event, whether because of a claim of breach of warranty, breach of contract, negligence, or other reason, will VCG be responsible to pay you more than what you paid to us for a service we provided. You are specifically not entitled to recover incidental, consequential or punitive damages arising out of, or in connection with your use of the Site, including any delay, loss of use, lost data, or lost profits damage claims, regardless of whether we were informed of the possibility of consequential or other damages.
1.10 Third Party Services and Sites
You may, from time to time, be able to obtain or access services from third parties on, or from the Site (“Linked Sites”). We are not responsible for any products or services you acquire from Linked Sites. Such Linked Sites are not under VCG’s control, and VCG is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
2.0 USER CONDUCT ON THE SITE.
2.1 Partial List of Prohibited Activities on or Through the Site:
(i). You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
(ii). You are specifically not permitted to harvest information from the Site to further business endeavors, directly or through another person, bot, mass program or other tool used to mass mine content.
(iii). You may not use the Site to solicit information relating to sign company data to support or maintain your own internal software or database.
(iv). You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any VCG server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
(v). You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of VCG, including any VCG account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
(vi). You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or VCGâ€™s systems or networks, or any systems or networks connected to the Site or to VCGâ€™s servers.
(vii). You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other personâ€™s use of the Site.
(viii). You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VCG on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(x). You may not post material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
(xi). You may not engage in conduct, activities or submit material that; (i) could be harmful to minors; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to VCG users or others; (iv) is fraudulent, false or misleading or promotes illegal activities; (v) that is abusive, threatening, obscene, defamatory or libelous; (vi) contains restricted or password-only access pages, or hidden pages or images; (vii) displays or links to pornographic or sexually explicit material of any kind; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personally identifiable information for unlawful purposes from other Users; (x) uses the Site's lead forms and/or toll-free numbers to advertise or promote products and services to VCGâ€™s advertisers or sponsors; (xi) decompile, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software.
2.2 Accounts, Passwords and Security
Most of the features or services offered on or through the Site require you to setup an account (including providing an email address and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify VCG immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by VCG or any other user of or visitor to the Site due to someone else using your login or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone elseâ€™s login, password or account at any time without the express permission and consent of the holder of that account. VCG cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
2.3 Impermissible Postings
You cannot post or publish any of the following on the Site, on our social media pages, or in any Forum:
(i). Any message or content that is created by someone other than you unless you have specific right or license to utilize that copyrighted work. This includes music, photographs, quotes, trademarks, codes or others.
(ii). Any material that could be, or has been considered unlawful, untrue, racist, sexist, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, disruptive, invasive, knowingly harmful, fraudulent, ill intended or slanderous and or otherwise deemed objectionable or inappropriate.
(iii). Any material that is, or could be considered to be for use for fraudulent or criminal actions or that violates the rights of any party or individual living or dead, human or animal.
(iv). Content that knowingly impersonates any person or in any way misrepresents your affiliation with a person or entity.
(v). Content that infringes on any patent, trademark, trade secret or intellectual property right of any party public or private.
(vi). Content that knowingly or unknowingly shares any personally identifiable information of another party without that partyâ€™s expressed consent.
(vii). Viruses, corrupt data, destructive files or anything intended to cause technology harm
2.4 Representations Regarding User Material
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit any material you cause to be published on the Site, (b) the material you cause to be published does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the material you cause to be published does not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person.
We reserve the right to immediately terminate any violations of user conduct and/or to report them to appropriate authorities.
3.0 COLLECTION, STORAGE AND USE OF INFORMATION ABOUT USERS.
4.0 GENERAL TERMS.
4.1 Contact Information
You agree to indemnify and hold VCG, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against VCG by any third party due to or arising out of or in connection with your use of the Site.
4.4 Jurisdiction and Exclusive Forum
4.5 Termination of Service
You understand and agree that VCG may, in the exercise of its sole and unqualified discretion, cause your access to the Site to be immediately terminated or suspended if it is believed that you have (a) violated these Terms of Service, or (b) used access to the Site to violate or infringe the rights of VCG, its affiliates, its licensors, or any other user of the Site, or (c) used access to the Site to materially violate any law, regulation or industry standard or code, or (d) used access to the Site to engage in otherwise objectionable, inappropriate or fraudulent conduct. VCG’s ability to terminate access to the Site is in addition to all other remedies available to it to address the conduct about which it is concerned. Its remedies are cumulative.