Vicito News - Terms of Service

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Dated September 14, 2007

1. ACCEPTANCE OF TERMS OF SERVICE

Vicito, Inc. ("Vicito") owns and runs various websites, including but not limited to vicito.com, and any part of them, (the "Websites"). Vicito also owns and runs several automated instant messenger accounts, (the "Bots").

By accessing and using the Websites or Bots, you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, DO NOT USE THE WEBSITES IN ANY MANNER. Vicito reserves the right to limit or terminate your access to the Websites or Bots if you do not comply with these Terms of Service.

You must be at least 13 to use the Websites or Bots. If Vicito discovers through reliable means that you are younger than 13, Vicito will cancel your account.

Vicito reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to you. Please check these Terms of Service periodically for changes. Your continued use of the Websites or Bots after the posting of any changes to the Terms of Service means that you have accepted those changes.

2. RESTRICTIONS ON USE OF THE WEBSITES OR BOTS

Content You Post to the Websites or Bots

You may post and share comments and content with other users through the Websites or Bots. By using the Websites or Bots, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

a. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
b. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
c. is illegal;
d. is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights;
e. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
f. you do not have a right to make available under law or contractual or fiduciary relationships;
g. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
h. bears any false, disguised or misleading origin;
i. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Websites or Bots. Vicito reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Websites and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF THE WEBSITES AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITES AND THE SERVICES PROVIDED THEREBY.

Prohibited Activities

You may not use the Websites or Bots to do any of the following:

a. harass or advocate harassment of another person or entity;
b. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
c. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
d. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
e. transmit unsolicited mass mailings or "spam";
f. collect or store any information about other users or members, other than in the normal course of using the Websites for their intended purpose of facilitating voluntary communication among users;
g. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to the Websites or Bots:

a. use the Websites in any manner that could damage, disable, overburden, disrupt or impair the Webistes i or any Vicito server, or the network(s) connected to any Vicito server, or interfere with any other party's use and enjoyment of the Websites or Bots;
b. disobey any applicable policies or regulations of networks connected to the Websites;
c. modify, adapt, translate or reverse engineer the Website
d. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Websites;
e. frame the Websites or reformat them in any way; or
f. create user accounts using any automated means or under false pretenses.

Other Requirements

To the extent that you use or connect to any third party messaging and/or content delivery systems through the Websites or Bots, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

If you use the Websites or Bots to advertise products or services in any way other than pursuant to a Advertising Agreement executed by you and Vicito ("Unauthorized Advertising"), Vicito reserves the right to restrict your access to the Websites or Bots and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Websites or Bots for commercial use, you may request, or Vicitoo may request that you work with Vicito, subject to Vicito's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Websites or Bots.

3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT

You understand that the Websites or Bots, act only as a forum and technical interface and that Vicitoo does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users, or third party information and content. Any opinions or statements expressed by a user or within content are of those of the user or source alone, and are not to be attributed to Vicito. Vicito cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user or within third party content.

You understand that you may be exposed to content that you find offensive to you, and that you use the Websites or Bots at your own risk.

4. INTERSTATE AND INTERNATIONAL USE

Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using the Websites, and acknowledge that using the Websites may result in interstate and international transmission of data.

5. LICENSE AND CONFIDENTIAL INFORMATION

By posting information or content to, or otherwise causing content to be displayed on, the Websites or Bots, you automatically grant, and you represent and warrant that you have the right to grant, to Vicito an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

No information or content of any kind that you submit to Vicito, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Websites or Bots shall be deemed confidential or secret information.

6. COPYRIGHT AND TRADEMARKS INFORMATION

"Vicito" is a registered trademark of Vicito, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:

"AIM" and the running man logo are registered trademarks of America Online, Inc.
"Google Talk" is a registered trademark of Google Inc.
"ICQ" is a registered mark of ICQ, Inc.
"JABBER" is a registered trademark, and its use is granted under a sublicense from the Jabber Software Foundation.
"MSN", "Windows Live Messenger", and the butterfly logo are registered trademarks of Microsoft Corporation.
"Yahoo!" and "ahoo! Messenger" are registered trademarks of Yahoo, Inc.

THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
America Online, Inc., Google Inc., ICQ, Inc., Jabber Software Foundation, Microsoft Corporation or Yahoo, Inc.

7. COPYRIGHT POLICY

In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Vicito to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Websites or Bots in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Websites or Bots;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Vicito's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By email: feedback (at) vicito.com (Attn: Copyright Agent).

8. PRIVACY POLICY

Vicito respects your desire for privacy. Vicito's Privacy Policy can be found at http://www.vicito.com/privacy. By using the Websites or Bots, you are consenting to the terms of our Privacy Policy.

9. THIRD PARTY WEB SITES AND CONTENT

The Websites or Bots may contain links to third-party sites that are not under the control of Vicito, and Vicito is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Vicito endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Websites or Bots, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Vicito is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Websites or Bots.

In addition, links to advertising that has not been approved by Vicito may be embedded in third party content displayed on the Websites or Bots. Vicito is not responsible for any content, cookies, or other technology used in connection with such advertising.

10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE WEBSITES

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON THE WEBSITES OR BOTS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND VICITO HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, VICITO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Vicito be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Websites or Bots or information available from the Websites or Bots.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Websites or Bots. The Websites or Bots may contain technical inaccuracies or typographical errors. Vicito assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Websites or Bots.

Vicito may terminate or make changes to all or any portion of the Websites or Bots, product offerings, and any other information and materials on the Websites or Bots and may delete any content that has been submitted to the Websites or Bots at any time and without notice or liability.

11. INDEMNITY

You agree to indemnify, defend, and hold Vicito and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Websites or Bots, your connection to the Websites or Bots, your violation of the Terms of Service or Privacy Policy, or your violation of any rights of other users of the Websites or Bots. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.

12. TERMINATION OF ACCESS TO VICITO; CONSEQUENCES OF VIOLATION OF TERMS OF SERVICE

Vicito reserves the right to terminate your privilege to use the Websites or Bots at any time for any reason. In addition, Vicito shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Service; (ii) terminate any other portion of the Websites or Bots, and/or remove a user or otherwise terminate any use of the Websites or Bots if Vicito determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Service; and (iii) inform law enforcement of any illegal activity or material Vicito suspects or discovers on, through, or otherwise relating to the Websites or Bots and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

13. GENERAL INFORMATION

The Terms of Service, the Privacy Policy and any applicable guidelines posted on the Websites constitute the entire agreement between you and Vicito, govern your use of the Websites or Bots, and supersede any prior agreements between you and Vicito relating to your use of the Websites or Bots (including, but not limited to, any prior versions of the Terms of Service or Privacy Policy). If you sign up or register for additional Vicito services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Websites or Bots you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Websites or Bots, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Sacramento in the State of California, USA. The failure of Vicito to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and that the other provisions of the Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites or Bots, the Terms of Service or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Service are for convenience only and have no legal or contractual effect.

14. COMMENTS AND QUESTIONS

If you have any comments or questions you may address them to the customer service department at Vicito at feedback (at) vicito.com.