Any person is hereby authorized to view the information available on this web site for informational purposes only. No part of the information on this site may be used, redistributed, copied or reproduced, without the prior written consent of Vantrix.
Disclaimer of Warranties and Limitation of Liability
COPYRIGHT ©2014 Vantrix is a trademark of Vantrix Inc. All rights reserved. All intellectual property, including without limitation, trademarks and copyrights are the property of their respective owners and any unauthorized use thereof is strictly prohibited. Use of any software for any purpose not explicitly stated and authorized in the website is expressly forbidden without the prior written permission of Vantrix. Any rights not expressly granted herein are reserved.
Last updated: April 5, 2016
The following describes the terms under which Vantrix Corporation (“Vantrix”), offers you access to the content and services at / and other services it may make available from time to time (collectively the “Services”).
Your media (including without limitation: text, video, photographs, graphics, images, music and sound that you have created) are yours. We claim no intellectual property rights over the material you have created and provided to Vantrix. You can delete your media and modify and/or remove associated content at your discretion. In case of technical problems (servers crashing, hosting crashing), Vantrix can’t be held for responsible for the loss of user’s files.
Vantrix does not control the content provided by other parties, whether by its customers or other users, which is made available through the Services. You must use caution and common sense when using the Services. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, or content that may be inaccurate, or deceptive. You agree to use the Services at your sole risk and that Vantrix shall have no liability to you of any kind for content whether that of Vantrix or third parties, that may be found to be offensive, indecent, or objectionable, inaccurate or deceptive, in any manner.
- Be false, inaccurate, misleading or fraudulent
- Infringe anyone’s copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy
- Violate any law, statute, ordinance or regulation
- Be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing
- Promote any commercial product, the sale of which you stand to benefit from
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way
- Create liability for Vantrix or cause it to lose (in whole or in part) the services of its ISPs or other suppliers
You grant Vantrix a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights associated with Your Information, in any media now existing or later invented within the confidentiality and privacy terms in this Agreement.
Upon registration for the Services, you will choose a login and a password. Only one login per account is permitted. You may not create multiple accounts. With regards to your password, you understand that you are solely responsible for maintaining its confidentiality, and Vantrix recommends that you choose one that is at least 8 characters in length and a mix of numbers and letters. You shall be solely and fully responsible for all activities that occur under your account. Vantrix shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is your responsibility to notify Vantrix so that the missing password can be deactivated and a new one assigned.
Fees and Payment.
Each of our Services offerings have defined fees for use and overages (collectively, the “Fees”), some of which may be recurring on an hourly, daily, monthly, quarterly, annually, or some other period of time. You will have an opportunity to review and accept the Fees and billing cycle for your chosen Services either through our Site or as partner Site. Vantrix reserves the right to change the Fees and/or billing cycles for our Services at any time, but any such changes will only apply prospectively.
All Fees are due monthly in arrears of receiving any services, including any overages and are due and payable on the invoice date. All Fees will be collected by Vantrix or our partners and is payable by credit card only. Any recurring Fees will be charged to you regardless whether or not you use the Services (until terminated).
UNLESS OTHERWISE SET FORTH HEREIN OR IN A SALES ORDER, ALL FEES ARE NON-REFUNDABLE.
Any Fees not paid by you on the invoice date, shall be subject to the lesser of a finance charge of 1.5% per month interest, or the maximum amount permitted by law. If you fail to meet your payment obligations as set forth herein, Vantrix reserves the right to terminate your relevant Services account(s), charge you an overage or other fees, or take any other action which we deem to be reasonable.
- Impersonate any other individual, including without limitation another user or an Vantrix staff member
- Engage in harassment of any form, including without limitation through improper language or excessive frequency or size of messages
- Send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages
- Copy or post any personal messages sent to you via the Services
- Engage in advertising to, or solicitation of, any other users of the Services to buy or sell any products or services through the Services
- Use the Services for any unlawful purpose
- Otherwise use the Services in a deceptive, abusive or otherwise disruptive manner
You are solely responsible for your interactions with other users of the Services. Vantrix reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of Vantrix, its end users, or any other any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICES TO CREATE DERIVATIVE WORKS OF ANY KIND BASED ON OTHER PARTIES’ MATERIALS OR UPLOAD OR DOWNLOAD ANY SUCH MATERIALS, EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, OR UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH MATERIALS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY AND WHO HAS PROPER AUTHORITY TO PROVIDE SUCH RIGHTS. You agree to indemnify, defend and hold harmless Vantrix, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the “Vantrix Parties”) from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and any content of any kind that you create using the Services or upload in any way, infringes upon or misappropriates, violates, or infringes any party’s personal or proprietary rights of any kind.
Interference and Unauthorized Access
You agree that you will not:
- Attempt to circumvent user authentication or the security of any Vantrix account
- Use any robot, spider, other automatic device, or manual process to monitor or copy Vantrix’s web pages or the content contained in them
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services
- Take any action that imposes an unreasonable or disproportionately large load on Vantrix’s infrastructure, including without limitation “denial of service attacks”. If you in any way violate any system or interfere with network security you may incur criminal or civil liability. Vantrix will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, API, software, photographs, graphics, images, music and sound (collectively “Proprietary Material”). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Specifically, you may use the Proprietary Material for your personal, non-commercial use. Except as expressly set forth in this Agreement (or as otherwise specifically authorized in writing by Vantrix), you may not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivated, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Vantrix promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively “Marks”) hereunder, shall accrue solely to the respective owners of such Marks. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY VANTRIX AND ITS LICENSORS.
You agree that any information submitted by you through any forum provided by Vantrix is considered non-confidential and non-proprietary, unless specifically stated otherwise in this Agreement. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. While Vantrix is pleased to hear from users of the Services, company policy prohibits Vantrix from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy Vantrix seeks to avoid any potential future misunderstandings that may occur when projects developed by employees, licensors, or contractors of Vantrix, by and for the sole use of Vantrix, might seem to others to be similar or identical in nature to their own creative work and/or submission(s). If, despite this request, you submit to Vantrix any creative material, including, but not limited to, ideas, suggestions or other information, you acknowledge and agree that such submission(s) are considered, and shall remain, the property of Vantrix. You further agree and acknowledge that Vantrix shall not be liable for the use or disclosure of such submission(s), that Vantrix shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such submission(s), and that Vantrix shall own exclusively all rights to the submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe. Because of the open nature of the Internet, common sense would dictate, and Vantrix would recommend, that you not submit any information you consider confidential.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND VANTRIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VANTRIX DOES NOT WARRANT OR GUARANTEE THAT:
- THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE
- THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES
- ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE
- THE FUNCTIONS OR SERVICES VANTRIX PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT VANTRIX IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES
Limitation of Liability
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL THE VANTRIX PARTIES (AS DEFINED IN THE COPYRIGHT INFRINGEMENT SECTION ABOVE) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE VANTRIX PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED $500.
You may not use, export, re-export, import, or transfer any App or any other downloadable Vantrix software or use the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the App, downloadable Vantrix software or Services, and any other applicable laws. In particular, but without limitation, no App, nor any other downloadable Vantrix software and Services may be used in, or transferred, or otherwise exported or re-exported to: (a) any United States embargoed countries (e.g. Iran, North Korea, Sudan, or Syria) or to or by a national or resident thereof; or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List. By using any App, other downloadable Vantrix software, or Services, you represent and warrant that you are not located in or a resident or national of any such country or on any such list. You also will not use any App, other downloadable Vantrix software or Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
General Terms and Conditions
Without limiting other remedies, Vantrix may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if:
- You breach this Agreement or any of the documents it incorporates by reference
- Vantrix is unable to verify or authenticate any information you provide to it; or Vantrix believes that your actions may cause legal liability to any person or entity
You agree to indemnify and hold each Vantrix Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of another party.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
This Agreement and its validity, construction and performance will be governed in all respects by the international laws.
Changes and Cancellation
Vantrix may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Vantrix may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services.
Reservation of Rights
Vantrix reserves the right to refuse access to the Services for any reason.
Vantrix may modify and/or amend this Agreement at any time by posting the modified and/or amended terms on the Services, which will become effective immediately when posted. By continuing to use the Services after Vantrix posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of Vantrix.
This Agreement contains the entire understanding of the parties relating its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this agreement is not to be interpreted or construed against Vantrix because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Vantrix may assign or transfer this Agreement, in whole or in part, to any party without notice. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination, including but not limited to the DISCLAIMER OF WARRANTIES, and LIMITATION OF LIABILITY sections. BY UPLOADING OR OTHERWISE PROVIDING YOUR CONTENT TO VANTRIX’S SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY, THAT YOU HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL AND THAT YOU ARE AT LEAST 18 YEARS OLD, AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND APPROVE OF AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT.
Vantrix Privacy Statement
We take your privacy seriously. Because we gather certain types of information about our users, we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the Web site that you were viewing when you clicked through to this policy, which is operated directly by us, by our partners, or by our affiliates.
1. What information does Vantrix collect?
Our primary goal in collecting personal information is to provide you with the best and most useful content and services. Several of the services and features that we offer on our sites require you to provide us with information as a condition of usage. These include access to subscription-only areas, the ability to post opinions or other content, subscriptions to email newsletters and participation in message boards.
We collect personally identifiable information, such as your name, email address, postal address, phone number, mobile number and credit card information when you provide it to us. From time to time, we may also collect other sensitive information such as your job title, gender, username and password. We may also receive information about you from other sources and add it to the information you provided to us.
Once you register with one of our Vantrix sites you are no longer anonymous to us.
2. What is Vantrix’s practice regarding cookies?
Your Internet browser has a feature called cookies, which stores small amounts of data on your computer about your visit to any of our sites. You do not need to have cookies turned on to visit most of our sites, although active participation in certain areas of our sites may require cookies. Cookies alone tell us nothing about who you are unless you specifically give us personally identifiable information, in which case we use the information to enhance your services in the ways described below. By adjusting your settings on your browser, you may elect not to allow cookies to be collected.
We also use technologies, including electronic images known as Web bugs – sometimes called transparent GIFs, clear GIFs, or beacons – that allow us to track general user-traffic patterns. We also automatically receive and record information from our servers and from your browser, including your IP address, the time of your visit to pages on our site, and information about pages you visited. Unless you have registered for one of our products or services, the information we gather through the use of tracking technologies cannot be matched with any personally identifiable information about you.
- Keeping count of return visits to our site or our advertisers’ or partners’ sites
- Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Web-site and advertisement usage
- Determining which features our overall user population likes best
- Saving your password so you don’t have to re-enter it each time you visit our sites
- Displaying the most appropriate advertising or content based on your interests
We allow other companies that are presenting advertisements on our sites and, sometimes, in our newsletters to use tracking technology on your computer. We do not give any personally identifiable information to them as part of this relationship. Unless you visit the Web site of these companies and provide them with personally identifiable information about yourself, these tracking technologies tell those advertisers nothing about who you are. Our advertisers’ use of tracking technology is subject to their own privacy policies.
3. How does Vantrix use the information?
We use the information we gather for four general purposes:
- To customize the advertising and the content you see
- To enhance the user experience in our network of sites. We use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to build a better service for you
- To fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in paid services, polls, contests, and message boards
- To send you information you agreed to receive about topics we think will be of interest to you
4. How does Vantrix share the information?
Personally identifiable information: we will make your personally identifiable information available to other companies or people when:
- You have elected to allow us to share that information at the time that you registered with us or provided us the information, or through a subsequent affirmative election through our website.
- You volunteer information or create a public profile in the course of your participation in our community features such as forums, user opinions and reviews, chat rooms, photo sharing or other forms of public communication and interaction.
- You use cobranded services (i.e., sites or services that we offer to you in connection with a partner, who is identified on the site). When you use a cobranded service within our network of sites, you grant us permission to pass your registration information back to that service partner. Their use of your information is subject to their applicable privacy policies.
- We hire third-party vendors to provide specialized services such as customer support; email message deployment; suppression, merge and de-duplication services; data processing; and special products or services that you have requested. These companies are only allowed to use the information in order to help us fulfill our services to you. We do not provide your information to these companies for their own, permanent use.
- You unsubscribe for a mailing that we send to you on behalf of a third party. We may share your removal instruction with the third party so that it may be added to that person’s list of people to whom they may not send emails.
- When required by law, such as when we respond to subpoenas, court orders, or legal process.
Aggregate information: we aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing, promotional, and other purposes. We do not disclose to these entities any information that could be used to identify you personally.
Business transfers: we are always seeking to improve our network of Web sites and our business. In accomplishing these objectives, we may buy or sell a company, or one or more of the companies in our corporate family may merge with or be acquired by another company. If we sell a business, we may transfer some or all of your information as a part of the sale in order that the service being provided to you may continue or for other business purposes.
5. What are my options?
Users who would rather not provide any of the user data requested by our registration process do not need to register with us. You can still view much of the content and use many of the services offered by our sites without registering. We also give users the following options:
- Opting not to receive our electronic newsletters or those of third parties when registering. Users who opt in may remove themselves from mailing lists at any time through the subscription-management pages or by following the instructions at the end of the e-mail they received from us
- Opting not to provide certain personal information when registering for a site, provided, however, that you may not be able to use some of our products or services without providing us with certain information.
6. How can I review and update my personally identifiable information?
You can review, correct, or change the information collected during registration for any of our sites. The instructions for doing this can be found in our member-services areas. Users may change information at any time and as often as necessary. Users who are experiencing problems with our services or who have questions about how our services work can contact us using e-mail addresses at the bottom of this page.
Any modifications to our privacy practices will be reflected first within this area of our network of Web sites. If there is a material change in our privacy practices, we will indicate on our sites that our privacy practices have changed and provide a link to the new privacy statement. If we are going to be using the information collected from users in a manner materially different from that stated at the time of collection, we will send affected users written notice of the change by e-mail.
8. Privacy of children
None of the sites within our network is directed to children under the age of 13. We operate our network of sites in compliance with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.
Questions regarding this privacy statement or any other aspects of our network of Web sites should be sent to our legal department at firstname.lastname@example.org. We read every message submitted and try to reply promptly to every one. We may also file your comments to improve the site, or review and discard the information.