TERMS AND CONDITIONS
VARGO MEDIA’S TERMS AND CONDITIONS OF USE
Welcome to this Vargo Media operated website or application (collectively “Website”). This Website is owned and operated by Vargo Media, Inc, (“VMI” or “we” or “us”). BY USING OUR WEBSITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS OF USE (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL BE DEEMED ACCEPTANCE TO THOSE CHANGES.
COPYRIGHT, TRADEMARK AND OWNERSHIP
This Website and all the materials published or otherwise incorporated on this Website (“Content”), such as text, button icons, interfaces, images, software, illustrations, video clips, audio clips, and other video and audio files are owned exclusively by VMI or by others that have licensed their materials to VMI. The Content is therefore protected by copyright, trademark, trade dress or by other proprietary rights. You may not copy, download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the Content except as stated in this Agreement, on this Website, or with the prior written consent of the owners of the Content.
All trademarks, service marks and trade names of VMI used herein (including but not limited to: the VMI name, the VMI corporate logo, the VMI design, and the logo) (collectively “Marks”) are trademarks or registered trademarks of VMI or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without VMI’s prior written consent.
VMI does not accept or consider unsolicited creative materials, ideas or suggestions either via this Website, email or any other means whatsoever.
This Website may allow you to participate in the casting process for VMI’s programming and this Website may collect personal information associated with casting of any and all media programming (“Casting Content”). Submitting Casting Content does not guarantee that you will be considered by VMI or that you will appear on a VMI program. VMI has the right, but not the obligation, to use your name, image, likeness or other identifying information, if provided in connection with Casting Content, in connection with broadcast, print, online or other use or publication of your Casting Content. You are solely responsible for your Casting Content that you upload, publish, display, link to or otherwise make available (hereinafter, “send”) to VMI.
VMI takes no responsibility and assumes no liability for any Casting Content that you send. VMI has no control over whether such Casting Content is of a nature that may be unacceptable and, accordingly, VMI expressly disclaims any responsibility for Casting Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Casting Content that you send, upload, transmit, display, or otherwise make available to VMI, is solely your responsibility. VMI is not responsible for VMI’s display, use, misuse or loss of your Casting Content. You understand and acknowledge that VMI may use your Casting Content that may be inaccurate, infringing, offensive, indecent, or objectionable, and you agree that neither VMI nor any of its affiliates shall be liable for any damages you, or anybody else, alleges to incur or actually incurs as a result of such Casting Content. Further, Users agree to hold free and clear of any liability and fully release VMI from any and all claims of slander, libel, right of privacy, and right of publicity.
By sending any Casting Content to VMI, you expressly grant, and you represent and warrant that you have the right to grant, to VMI, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, incorporate into other works, and make derivative works of: (i) all such Casting Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with VMI’s programming or any other use whatsoever and; (ii) your name, voice, and/or likeness as contained in your Casting Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with VMI, VMI’s programming or any other use whatsoever. For the avoidance of doubt, when you submit Casting Content through the website or third party software, you acknowledge that third parties, with the permission of VMI, may use the Casting Content as described herein. VMI reserves all rights not expressly granted herein in and to the website.
PARTNER SITES/LINKED SITES
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
This Website may contain links to websites that are not owned, operated or controlled by VMI or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER VMI, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER VMI, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
VMI does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL VMI, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
You agree to defend, indemnify and hold VMI and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or the Internet or your placement or transmission of any information on this Website by you or your authorized users; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (iv) your violation of any law, rule or regulation of the United States or any other country.
We may suspend or terminate your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website in the event that: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the Connecticut, United States of America. You consent to the exclusive jurisdiction of the state and federal courts located in New Haven, Connecticut. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Web Site is controlled and operated by VMI from its offices within the State of Connecticut, United States of America.
We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by VMI in our sole discretion.