PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
The materials on this Web site (the "Site") are provided by V-Bandz Limited. ("V-Bandz") as a service to its users and may be used for informational purposes only subject to the provisions below. By downloading any materials from or otherwise using this Site, you as a user ("you") agree to these terms and conditions ("Agreement"). If you do not agree to them, do not use the Site or download any materials from it. You agree that this Agreement (and, if you are a user who has registered on this Site ("Registered User"), any provisions included in the registration process) is the complete and exclusive statement of the agreement between V-Bandz and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and V-Bandz relating to the subject matter of this Agreement.
V-BANDZ MAY REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS SITE.
GENERAL: This Site acts as a forum that enables you to locate and identify services of their own and those of certain vendors of software and services ("Vendors"). V-Bandz does not control the timing of or manner in which any Vendor's products or services ("Products") are delivered to you and does not guarantee the completion of any transaction. V-Bandz may refuse to provide services under the Site to anyone at any time, in its sole discretion.
TRADEMARK INFORMATION: All brand, product, service, and process names appearing on this Site are trademarks of their respective holders. V-Bandz's trademarks may be used publicly with written permission only from V-Bandz. Fair use of V-Bandz's trademarks in advertising and promotion of V-Bandz products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by V-Bandz.
OWNERSHIP OF MATERIALS: This Site and Materials located thereon are copyrighted and are protected by worldwide copyright, trademark, trade dress and other intellectual property laws and treaty provisions and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without V-Bandz's prior written permission. Except as expressly provided herein, V-Bandz and its suppliers do not grant, by implication any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by V-Bandz in writing or incorporated elsewhere in the Materials.
PASSWORDS: If you are a Registered User, V-Bandz will issue to you certain passwords for access to certain areas of the Site. You agree not to disclose such passwords issued to you to any third party.
TERMINATION OF ACCESS: If you breach any of the terms or conditions of this Agreement, V-Bandz may, at its sole discretion, (a) suspend your access to certain areas of the Site or (b) terminate your access to certain areas of the Site. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to V-Bandz, and whether or not the breach is repeated or cured. If V-Bandz suspends or terminates your right to access or use the V-Bandz Site then V-Bandz shall, within 24 hours, provide notice to you of such action. Upon termination, you will immediately destroy the Materials and all licenses herein shall immediately terminate.
DISCLAIMER: THIS SITE AND ANY MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. V-BANDZ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL V-BANDZ OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THE SITE, EVEN IF V-BANDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL V-BANDZ NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO COMPANY (IF ANY) OR (B) ONE HUNDRED DOLLARS ($100.00). Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Without limiting the foregoing, you should be aware that the Materials may contain errors, omissions, inaccuracies, or outdated information. V-Bandz makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Materials and shall not be liable for any lack of the foregoing. V-Bandz makes no commitment to update the Materials.
RELEASE: V-Bandz is not a party to any actual engagement between Vendors and you. As a result, V-Bandz has no control over the quality, safety or legality of Vendors or their services. You are wholly responsible for all activities conducted through your account in accessing the Site. V-Bandz cannot and does not control whether or not Vendors will complete their services or other obligations. Further, it is not commercially reasonable for V-Bandz to authenticate the Vendors, and V-Bandz cannot and does not confirm that each Vendor is who it claims to be. V-Bandz encourages you to develop safe business practices when using the Internet. V-Bandz also encourages you to communicate directly with Vendors from the Web Site to help you evaluate with whom you are dealing. You release V-Bandz (and its agents and employees) from all claims, demands and damages of every kind and nature (including, but not limited to, actual, consequential, special, punitive and incidental damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your relationship with the Vendors or the services provided by the Vendors or any actions or omissions of a Vendor. In no case will V-Bandz be liable for any legal actions brought against you by such Vendors.
USER SUBMISSIONS: Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). V-Bandz will have no obligations with respect to the Communications, provided that any personally identifiable information shall be handled in the manner set forth below. V-Bandz and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
USE OF PERSONALLY IDENTIFIABLE INFORMATION: Personally identifiable information submitted by you to V-Bandz through forms on the Site is treated according to V-Bandz's Privacy Policy located on this Site. You agree you have read and understand the Privacy Policy. .
LINKS TO OTHER SITES: Any links on this Web site may let you leave the V-Bandz Site and go to other Web sites. The linked sites are not under the control of V-Bandz, and V-Bandz is not responsible for the content, the accuracy thereof or any other aspect of any linked site or any link contained in a linked site. V-Bandz reserves the right to terminate any link or linking program at any time. V-Bandz does not endorse companies or products to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
INDEMNIFICATION: You hereby agree, at your own expense, to indemnify, defend and hold V-Bandz harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any third-party claim, action or allegation brought against V-Bandz based upon or relating to (a) a dispute between you and a Vendor over the terms and conditions of a contract or related to the purchase and sale of any goods/services, (b) a breach by you of the terms and conditions of this Agreement, or (c) any action of you or a Vendor which violates any law, regulation or rights of a third party.