Updated
Nov 06, 2011
These terms and conditions (the "Terms of Service")
govern your access to and use of V-Rated's websites and mobile
applications that link to or reference these Terms of Service
(collectively, the "Service"). By accessing or using
the Service, you are agreeing to these Terms of Service and concluding a
legally binding contract with V-Rated Venue Critics Inc. ("V-Rated"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
1.Definitions
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Parties
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. A “personal user” is someone who uses the Service for personal benefit only. A “business user”
is an individual, company, or venue who uses the Service for the
benefit of a business by way of utilizing the Service for information
and/or for advertising purposes. User, Personal User and Business User
are hereinafter collectively referred to as “user”. "We", "us", and "our" refer to V-Rated.
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Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content"
means Content that you submit or transmit to, through, or in
connection with the Service, including, but not limited to, your name,
biographical information and all other names, likenesses, graphics,
logos, marks, text, images, photographs, ratings, reviews, compliments,
and all other information that you publicly display or displayed on
the Service or in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "V-Rated Content" means Content that we create and make available in connection with the Service. "Third Party Content"
means Content that originates from parties other than V-Rated or its
users, which is made available in connection with the Service. "Site Content"
means all of the Content that is made available in connection with the
Service, including Your Content, User Content, Third Party Content,
and V-Rated Content.
2.Changes to the Terms of Service
We may modify the Terms of Service from time to time. When
changes are made, we will notify you by making the revised version
available on this webpage, and will indicate at the top of this page
the date that revisions were last made. You should revisit these Terms
of Service on a regular basis as revised versions will be binding on
you. Any such modification will be effective upon our posting of new
Terms of Service. You understand and agree that your continued
access to or use of the Service after any posted modification to the
Terms of Service indicates your acceptance of the modification.
3.Translation
We may translate these Terms of Service into other languages
for your convenience. Nevertheless, the English version governs your
relationship with V-Rated and any inconsistencies among the different
versions will be resolved in favor of the English version.
4.Using the Service
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Eligibility
To access or use the Service, you must
be 18 years or older and have the requisite power and authority to
enter into these Terms of Service. You may not access or use the
Service if you are a competitor of ours or if we have previously banned
you from the Service or closed your account. -
Permission to Use the Service
We grant you permission to use the Service subject to the
restrictions in these Terms of Service. Your use of the Service is at
your own risk, including the risk that you might be exposed to Content
that is offensive, indecent, inaccurate, objectionable, or otherwise
inappropriate. Site Content is not intended as advice, but rather
opinion, and should not be relied on as such. We therefore disclaim all
liability and responsibility arising from any reliance placed on such
information. -
Site Availability
The Service may be modified,
updated, interrupted, suspended or discontinued at any time without
notice or liability. We shall not be responsible for any loss or
damages whatsoever arising from a User’s inability to access any pages
on the Service.
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User Accounts
You must create an account and provide certain information
about yourself in order to use some of the features that are offered
through the Service. You are responsible for maintaining the
confidentiality of your account password. You are also responsible for
all activities that occur in connection with your account. You agree to
notify us immediately of any unauthorized use of your account. We
reserve the right to close your account at any time for any or no
reason.
There are three types of accounts:
- A "Personal Account" is an account for
your personal, non-commercial use only. In creating a Personal
Account, we ask that you provide complete and accurate information
about yourself to bolster your credibility as a contributor to the
Service. You may not impersonate someone else, create or use an account
for anyone other than yourself, provide an email address other than
your own, or create multiple Personal Accounts. If you use a pseudonym,
take care to note that others may still be able to identify you if,
for example, you include identifying information in your reviews, use
the same account information on other sites, or allow other sites to
share information about you with V-Rated. Please read our Privacy Policy for more information.
- A "Business Account" is an account to
be used solely for commercial use; either as a User of the Service or
for the purpose of representing your business in connection with the
Service. In creating or updating a Business Account you must be an
authorized representative of the business in question and you must
provide complete and accurate information about yourself and the
business you represent. You may not provide an email address that is
not your own. If you are no longer an authorized representative of the
business in question, you or an authorized representative of the
business must notify V-Rated within thirty (30) days of your ceasing to
be an authorized representative in order to transfer access to an
authorized representative of the business or V-Rated reserves the right
to close your Business Account immediately.
- A “Venue Account” is an account to be
used solely for the purpose of representing your Venue in connection
with the Service. In creating or updating a Venue Account you must be
an authorized representative of the venue in question and you must
provide complete and accurate information about yourself and the venue
you represent. You may not provide an email address that is not your
own. If you are no longer an authorized representative of the venue in
question, you or an authorized representative of the venue must notify
V-Rated within thirty (30) days of your ceasing to be an authorized
representative in order to transfer access to an authorized
representative of the venue or V-Rated reserves the right to close your
Venue Account immediately.
If you are an authorized
representative of a business or venue you may also create a Personal
Account for your personal use however a business may only create a
Business Account and a venue may only create a Venue Account. By
creating an account you are agreeing to abide by the Terms and
Conditions setout herein.
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Linking to our Service
You may link to any page of the Service for non-commercial
purposes provided that you do so in a way that is fair and legal and
which does not damage our reputation or take advantage of it. For the
avoidance of doubt, the linking site must not contain any adult or
illegal material or any material that is offensive, harassing or
otherwise objectionable.
You must not link to our Service in such a way as to suggest
any form of association, approval or endorsement on our part where
none exists. You must not remove, or obscure by framing or otherwise,
advertisements, any copyright notice, or any other information
published on the Service. Our Service must not be framed on any other
site.
If you would like to link to our site for commercial
purposes or any purpose not included above, please contact us at links@v-rated.com
We reserve the right to withdraw linking permission at any time and without notice.
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Communications from V-Rated and other Users
By creating an account you agree to receive certain
communications in connection with the Service. For example, you might
receive positive and/or negative comments from other users, or accolades
and reprimands from V-Rated. You may also receive, from time to time,
our newsletter, press releases, or news flashes about our Users,
V-Rated, or happenings in your area. You can opt-put of non-essential
communications by updating the communications section of your Account.
5.Content
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Responsibility for Your Content
You alone are responsible for Your Content, and once published,
it cannot always be withdrawn. You assume all risks associated with
Your Content, including anyone's reliance on its quality, accuracy, or
reliability, or any disclosure by you of information in Your Content
that makes you personally identifiable. You represent that you own, or
have the necessary permissions to use and authorize the use of Your
Content as described herein. You may not imply that Your Content is in
any way sponsored or endorsed by V-Rated unless you have received
express written permission from V-Rated to do so.
You may expose yourself to liability if, for example, Your
Content contains material that is false, intentionally misleading, or
defamatory; violates any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right;
contains material that is unlawful, including illegal hate speech or
pornography; exploits or otherwise harms minors; or violates or
advocates the violation of any law or regulation. By submitting Your
Content for publication you indemnify and hold harmless V-Rated from any
liability arising from the publication of Your Content.
If Your Content contains any material that is not owned or
licensed to you and/or which is subject to third party rights, you are
responsible for obtaining, prior to submission of Your Content, all
releases, consents and/or licenses necessary to permit use and
exploitation of Your Content by us in accordance with these Terms and
Conditions without additional compensation.
Whenever you submit Your Content to the Service, Your
Content must comply with our Content Standards contained herein. If you
do not comply with our Content Standards, we reserve the right to
suspend you from using the Service and/or accessing your Account without
notice.
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Our Right to Use Your Content
We may use Your Content in a number of different ways, including
publicly displaying it, reformatting it, incorporating it into
advertisements and other works, creating derivative works from it,
promoting it, distributing it, and allowing others to do the same in
connection with their own websites and media platforms ("Other Media").
As such, you hereby irrevocably grant us world-wide, non-exclusive,
perpetual, irrevocable, royalty-free, sublicensable, transferable
rights to use Your Content for any purpose. You also irrevocably grant
the users of the Service and any Other Media the right to access Your
Content in connection with their use of the Service and any Other Media.
Finally, you irrevocably waive, and cause to be waived, against
V-Rated and its users any claims and assertions of moral rights or
attribution with respect to Your Content. By "use" we mean use, copy,
publicly perform or display, distribute, modify, adapt, alter, amend,
translate, and create derivative works of Your Content.
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Content Standards
To provide a better experience for our users, V-Rated permits
users to contribute different kinds of Content to the Service. In an
attempt to maintain our high quality of service, below are our standards
by which Your Content is to adhere.
Your Content must:
- be accurate where it states facts;
- be genuinely held where it states opinions;
- be relevant and appropriate;
- clearly disclose any trade or professional relationship between you
and the goods or services which are the subject of Your Content; and
- comply with applicable law in any country in which it is posted.
Your Content must NOT:
- contain any private or personal information about other people such as full names, personal phone numbers and email addresses;
- contain any unauthorized photographs or video;
- contain other users Content without giving Tribute to that user or receiving express permission;
- contain any material which is defamatory of any other person;
- contain any material which could reasonably be considered obscene, offensive, a threat, harassment, lewdness or hate speech;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person or business;
- contain misleading or deceptive statements or omissions or
misrepresent your identity or affiliation with any person or business;
- falsely represent that You are a consumer if you are not;
- contain any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes
or other forms of solicitation or advertisement commercial or
otherwise;
- be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be likely to disrupt our Service in any way;
- give the impression that Your Content emanates from us where this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example) copyright infringement or computer misuse.
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Ownership
As between you and V-Rated, you own Your Content. We own the
V-Rated Content, including but not limited to visual interfaces,
interactive features, graphics, design, compilation, computer code,
products, software, aggregate user review ratings, and all other
elements and components of the Service excluding Your Content, User
Content and Third Party Content. We also own the copyrights,
trademarks, service marks, trade names, and other intellectual and
proprietary rights throughout the world (the "IP Rights")
associated with the V-Rated Content and the Service, which are
protected by copyright, trade dress, patent, trademark laws and all
other applicable intellectual and proprietary rights and laws. As such,
you may not modify, reproduce, distribute, create derivative works or
adaptations of, publicly display or in any way exploit any of the
V-Rated Content in whole or in part except as expressly authorized by
us. Except as expressly and unambiguously provided herein, we do not
grant you any express or implied rights, and all rights in and to the
Service and the V-Rated Content are retained by us.
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Advertising
V-Rated and its licensees may publicly display advertisements
and other information adjacent to or included with Your Content. You
are not entitled to any compensation for such advertisements. The
manner, mode and extent of such advertising are subject to change
without specific notice to you.
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Content Feeds
We make some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"),
provided that (i) your use of the Feeds is for personal,
non-commercial purposes only, (ii) your display of the Feed Content
links back to the relevant pages on V-Rated's websites, and attributes
V-Rated as the source of the Feed Content, (iii) your use or display of
the Feed Content does not suggest that V-Rated promotes or endorses
any third party causes, ideas, websites, products or services,
including Your Site, (iv) you do not redistribute the Feed Content, and
(v) your use of the Feeds does not overburden V-Rated's systems.
V-Rated reserves all rights in the Feed Content and may terminate the
Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
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Information on the Service
Views and opinions expressed in User Content are those of the
individual or business submitting the material, not those of V-Rated
and we accept no responsibility for the Content of such posts.
Any pricing information listed on the Service is provided by a third
party. We neither guarantee the accuracy of pricing information on the
Service nor the availability of such products/services from third
parties. Nothing on this Service should be taken as an offer to sell
goods/services.
If you find any Content on the Service to be offensive, obscene,
defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive
in any way, please notify us by sending an email to content@v-rated.com using the subject title “Offensive Content”.
On receipt of your complaint we may remove or block access to the
Content complained of and will investigate whether the Content breaches
our Content Standards policy.
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Other
Although we have no obligation to moderate
User Content on this Service, we reserve the right to reject, remove,
block, screen, edit, suspend or reinstate User Content from time to
time at our sole discretion and without notice to you. For example, we
may remove a review if we believe it violates our Content
Standards. We have no obligation to retain or provide you with copies
of Your Content. We neither guarantee Your Content, or any part
thereof, will be displayed nor any confidentiality with respect to Your
Content.
6.Restrictions
We are under no obligation to enforce the Terms of Service
on your behalf against another user. While we encourage you to let us
know if you believe another user has violated the Terms of Service, we
reserve the right to investigate and take appropriate action at our
sole discretion.
1.You agree not to, and will not assist or enable others to use the Service to:
- Violate our Content Standards,
for example, by writing a fake or defamatory review, trading reviews
with other businesses, or writing a review that you were paid for
either directly or indirectly by the business being reviewed;
- Violate any third party's rights,
including any breach of confidence, copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial
venture or event, or otherwise use the Service for commercial
purposes, except in connection with a Business or Venue Account and as
expressly permitted by V-Rated;
- Send bulk emails, surveys, or other
mass messaging, whether commercial in nature or not; engage in keyword
spamming, or otherwise attempt to manipulate the Service's search
results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
2.You also agree not to, and will not assist or enable others to:
- Violate the Terms of Service;
- Modify, adapt, appropriate, reproduce,
distribute, translate, create derivative works or adaptations of,
publicly display, sell, trade, or in any way exploit the Service or
Site Content (other than Your Content), except as expressly authorized
by V-Rated;
- Use any robot, spider, site
search/retrieval application, or other automated device, process or
means to access, retrieve, scrape, or index any portion of the Service
or any Site Content;
- Reverse engineer any portion of the Service;
- Remove or modify any copyright,
trademark or other proprietary rights notice that appears on any
portion of the Service or on any materials printed or copied from the
Service;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion
of the Service for purposes of constructing or populating a searchable
database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may
impose, in our sole discretion, an unreasonable or disproportionately
large load on V-Rated's technology infrastructure or otherwise make
excessive traffic demands of the Service;
- Attempt to gain unauthorized access to
the Service, user accounts, computer systems or networks connected to
the Service through hacking, password mining or any other means;
- Use the Service or any Site Content to
transmit any computer viruses, worms, defects, Trojan horses or other
items of a destructive nature (collectively, "Viruses");
- Use any device, software or routine
that interferes with the proper working of the Service, or otherwise
attempt to interfere with the proper working of the Service;
- Use the Service to violate the
security of any computer network, crack passwords or security
encryption codes; disrupt or interfere with the security of, or
otherwise cause harm to, the Service or Site Content; or
- Remove, circumvent, disable, damage or
otherwise interfere with any security-related features of the Service,
features that prevent or restrict the use or copying of Site Content,
or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible
under applicable law. Nevertheless, you agree not to act contrary to
them (even if permissible under applicable law) without providing 30
days' prior written notice to us here,
together with any information that we may reasonably require to give
us an opportunity to provide alternative remedies or otherwise
accommodate you at our sole discretion.
7.Guidelines and Policies
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Content Guidelines
You represent that you have read and understood our Content Standards.
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Privacy
You represent that you have read and understood our Privacy Policy.
Note that we may disclose information about you to third parties if we
have a good faith belief that such a disclosure is reasonably
necessary to (i) take action regarding suspected illegal activities;
(ii) enforce or apply our Terms of Service and Privacy Policy; (iii)
comply with legal process or other government inquiry, such as a search
warrant, subpoena, statute, judicial proceeding, or other legal
process served on us; or (iv) protect our rights, reputation, and
property, or that of our users, affiliates, or the public. If you use
the Service outside of Canada, you consent to having your personal data
transferred to and processed in Canada.
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Copyright And Trademark Disputes
Please see our Infringement Policy for information about copyright and trademark disputes.
8.Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"),
you agree that (i) your Feedback does not contain the confidential or
proprietary information of third parties, (ii) we are under no
obligation of confidentiality, express or implied, with respect to the
Feedback, (iii) we may have something similar to the Feedback already
under consideration or in development, and (iv) you grant us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide license
to use, modify, publish, distribute and sublicense the Feedback.
9.Third Parties
The Service may include links to other websites or applications (each, a "Third Party Site").
We do not control or endorse any Third Party Site. If you decide to
visit any third party site, you do so at your own risk. We are not
responsible for the Content, accuracy or opinions expressed in such
sites. Links do not imply that we are, or our Service is, affiliated to
or associated with such sites.
Your browsing and interaction on another site, including sites
which have a link to our Service, is subject to that site’s own rules
and policies. Please read those rules and policies before proceeding.
You agree that we are not responsible for the availability or Content
of such Third Party Sites.
10.Indemnity
You agree to indemnify and hold V-Rated, its parents,
subsidiaries, affiliates, any related companies, suppliers, licensors
and partners, and the officers, directors, employees, agents and
representatives of each of them harmless, including costs, liabilities
and legal fees, from any claim or demand made by any third party due to
or arising out of (i) your access to or use of the Service, (ii) your
violation of the Terms of Service, or (iii) the infringement by you, or
any third party using your account, of any intellectual property or
other right of any person or entity. V-Rated reserves the right, at your
expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us and you agree to cooperate with
our defense of these claims. You agree not to settle any matter
without the prior written consent of V-Rated. V-Rated will use
reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
11.Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE
LIABILITY OF V-RATED AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS
(COLLECTIVELY, THE "V-RATED ENTITIES"). EACH OF THE SUBSECTIONS BELOW
ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY
NOT BE LAWFULLY LIMITED.
- THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS
IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
- THE V-RATED ENTITIES MAKE NO CLAIMS OR
PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE V-RATED
ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE
FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES
YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE
OF THE USERS, BUSINESSES OR VENUES LISTED ON THE SERVICE.
- THE V-RATED ENTITIES MAKE NO CLAIMS OR
PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE VENUE
LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE
SERVICE. ACCORDINGLY, THE V-RATED ENTITIES ARE NOT LIABLE TO YOU FOR
ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY,
ACCURACY, OR RELIABILITY OF THE VENUE LISTINGS, RATINGS, OR REVIEWS, OR
THE SAFETY OR SECURITY OF THE SERVICE.
- THE V-RATED ENTITIES EXPRESSLY DISCLAIM
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
- YOUR SOLE AND EXCLUSIVE RIGHT AND
REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER
GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO,
OR USE OF THE SERVICE.
- THE V-RATED ENTITIES' MAXIMUM AGGREGATE
LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION
WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF
(i) THE AMOUNT PAID, IF ANY, BY YOU TO THE V-RATED ENTITIES IN
CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING
RISE TO LIABILITY, OR (ii) $100.
- THE V-RATED ENTITIES DISCLAIM ALL
LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS,
(iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF
V-RATED OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
12.Choice of Law and Venue
British Columbia law will govern these Terms of Service, as
well as any claim, cause of action or dispute that might arise between
you and V-Rated (a "Claim"), without regard to
conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU
AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION
IN, AND THE EXCLUSIVE VENUE OF, THE PROVINCIAL AND FEDERAL COURTS
LOCATED WITHIN VANCOUVER, BRITISH COLUMBIA.
13.Termination
- You may terminate the Terms of Service at any time by
closing your account, discontinuing your use of the Service, and
providing V-Rated with a notice of termination to accounts@v-rated.com
with the subject line “Termination of Account”. If you close your
account, we may continue to display Your Content where it implicates
other users.
- We may close your account, suspend your
ability to use certain portions of the Service, and/or ban you
altogether from the Service for any or no reason, and without notice or
liability of any kind. Any such action could prevent you from
accessing your account, the Service, Your Content, Site Content, or any
other related information.
- In the event of any termination,
whether by you or us, Sections 1, 5, 6, 10 - 14 of these Terms of
Service will continue in full force and effect, including our right to
use Your Content as detailed in Section 5.
14.General Terms
- We reserve the right to modify, update, or discontinue
the Service at our sole discretion, at any time, for any or no reason,
and without notice or liability.
- We may provide you with notices, including
those regarding changes to the Terms of Service by email, regular mail
or communications through the Service.
- Except as otherwise stated in Section 9
above, nothing herein is intended, nor will be deemed, to confer rights
or remedies upon any third party.
- The Terms of Service contain the entire
agreement between you and us regarding the use of the Service, and
supersede any prior agreement between you and us on such subject
matter. The parties acknowledge that no reliance is placed on any
representation made but not expressly contained in these Terms of
Service.
- Any failure on V-Rated's part to exercise or
enforce any right or provision of the Terms of Service does not
constitute a waiver of such right or provision. The failure of either
party to exercise in any respect any right provided for herein shall
not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms of Service is
found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that the Terms of
Service shall otherwise remain in full force and effect and
enforceable.
- The Terms of Service are not assignable,
transferable or sublicensable by you except with V-Rated's prior written
consent, but may be assigned or transferred by us without restriction.
Any assignment attempted to be made in violation of the Terms of
Service shall be void.
- The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.