ISMOKEWEED.COM TERMS OF USE
By accessing or using the ismokeweed.com website (the “Site”) or any applications made available by the Site (together, the “Service”), however accessed or used, including but not limited to your submission of any photos and personal information (collectively, the “Submission”), you agree, without limitation or qualification, to be bound by these terms of use (“Terms of Use”). The service is owned or controlled by VICE MEDIA LLC (“VICE”). These terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use any portion of the Site and/or the Service.
AUTHORIZED USE OF SITE
The Service is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Service requires the prior written consent of VICE.
UNAUTHORIZED USE OF SITE
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Site and/or Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site, Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Service within another website or application. You may not resell use of, or access to, the Service to any third party without our prior written consent.
BASIC TERMS
Certain pages within the Service may allow you to post text comments, photos, videos or other content (each, a “Submission” and collectively, “Submissions”. You may only access and/or use the Service and post Submissions if you comply with the following terms:
- You must be at least eighteen (18) years old to use the Service and submit a Submission.
- Your Submission(s) may not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive.
- You represent that all information you provide or provided to VICE upon submission and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy
- You will not defame, disparage, stalk, harass, abuse, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service or with your Submission(s).
- You may not use the Service or your Submission for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Submission(s), including but not limited to controlled substance regulations and copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service or within your Submission(s).
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or VICE.
- You must not access VICE’s private API by means other than those permitted by VICE.
- You must not create accounts with the Service or create a Submission(s) through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- Violation of these Terms of Use may, in VICE’s sole discretion, result in termination of your account. You understand and agree that VICE cannot and will not be responsible for your Submission(s) and/or the Content posted on the Service and that you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for VICE, we can stop provided all or part of the Service to you.
GENERAL TERMS:
- VICE reserves the right to modify or terminate the Service or your access to the Service for any reason, or remove you Submission(s) without notice, at any time, and without liability to you. If VICE terminates your access to the Service, your Submission(s) may persist and appear within the Service or across other social media platforms (e.g., if you shared your Submission(s) on other social media platforms).
- Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease
- VICE reserves the right, in its sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless VICE makes a change for legal or administrative reasons, VICE will provide reasonable advance notice before the Updated Terms become effective. You agree that VICE may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as VICE may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
- VICE reserves the right to refuse access to the Service or reject Submissions at any time.
- VICE may, but has no obligation to, remove, edit, block, and/or monitor Content and/or Submissions that VICE determines in its sole discretion violates these Terms of Use.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that VICE is not responsible or liable for the conduct of any user.
- VICE prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with VICE’s express consent).
RIGHTS
- VICE does not claim ownership of any Content or Submission(s) that you post on or through the Service. You do, however, grant to VICE a non-exclusive, perpetual, fully paid and royalty-free, transferable, sublicensable, worldwide license to use the Content and/or the Submission that you post on or through the Service, in any medium, subject to the Service's Privacy Policy. VICE owns all right, title, and interest in any compilation, collective work, or other derivative work created by VICE using or incorporating Submissions posted to the Service.
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You represent and warrant that:
- You own the Content within the Submission(s) posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
- The posting and use of your Content and/or the Submission(s) on or through the Service does not violate, misappropriate or infringe on any of the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- If the Content or Submission depicts any person other than yourself, you have permission from that person and such person is not a minor. You may be required to provide proof of such permission to VICE.
- You agree to pay for all royalties, fees and any other monies owed by reason of Content/Submission(s) you post on or through the Service; and
- You have the legal right and capacity to enter into these Term of Use in your jurisdiction.
- The Service contains content owned or licensed by VICE (“VICE Content”). VICE content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and VICE, VICE owns and retains all rights in the VICE Content and the Service. Some materials on the Service belong to third parties who have authorized VICE to display the materials. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the VICE Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the VICE Content. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by VICE.
- The VICE and VICELAND name and logo are trademarks of VICE, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VICE. In addition, all page headers, custom graphics, button icons and scripts are services marks, trademarks and/or trade dress of VICE, and may not be copied, imitate or used, in whole or in part, without prior written permission from VICE.
- VICE reserve the right to remove any Content/Submission from the Service for any reason, without prior notice.
- You acknowledge that the Internet may be subject to breaches of security and that the submission of Content/Submissions or other information may not be secure.
- You agree that VICE is not responsible for, and does not endorse, Content/Submissions posted within the Service. VICE does not have any obligation to prescreen, monitor, edit or remove any Content/Submissions. You are solely responsible for anything you may post on the Service and the consequences of posting anything on the Service. If your Content/Submission(s) violates these Terms of Use, you may bear legal responsibility for that Content/Submission(s).
- As between you and VICE, any Content/Submission(s) will be non-confidential and non-proprietary and VICE will not be liable for any use or disclosure of Content/Submission(s). You acknowledge and agree that your relationship with VICE is not a confidential, fiduciary or other type of special relationship, and that your decision to submit any Content/Submission(s) does not place VICE in a position that is any different from your position held by members of the general public, including with regard to your Content/Submission(s). None of your Content/Submission(s) will be subject to any obligation of confidence on the part of VICE, and VICE will not be liable for any use or disclosure of any Content/Submission(s) you provide.
ACTIVITIES PROHIBITED BY THE SERVICE
VICE expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service or while using the Service. VICE reserves the right to investigate and take appropriate legal action against anyone who, in VICE’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Submissions and/or Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party's right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
- contains “masked” profanity (i.e., F*@&#);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
VICE is under no obligation to screen or monitor Submissions and/or Content, but may review Submissions and/or Content from time to time at its sole discretion. VICE will make all determinations as to what Submissions and/or Content are appropriate in its sole discretion. VICE may edit or remove any Submissions and/or Content at any time without notice.
NO IDEAS ACCEPTED
VICE does not accept any unsolicited ideas from outside VICE including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. VICE may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site and/or the Service, you understand and acknowledge that such idea is not submitted in confidence and VICE assumes no obligation, expressed or implied, by considering it. You further understand that VICE shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to VICE. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant VICE an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
LINKS
This Site and the Service may contain links to other websites or applications not maintained by VICE. Other websites or apps may also reference or link to our Site and/or the Service. We encourage you to be aware when you leave our Site and/or the Service and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, VICE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VICE NOR ITS PARENT COMPANY, AFFILIATES, OR SUBSIDIARIES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "VICE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE VICE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VICE OR VIA THE SERVICE. IN ADDITION, THE VICE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE VICE PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE USER CONTENT OR ANY OTHER THIRD PARTY CONTENT SUBMITTED TO OR THROUGH THE SERVICE. THE VICE PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE VICE PARTIES BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE SERVICE, ANY CONTENT SUBMITTED THROUGH THE SERVICE OR TRANSMITTED TO OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG OTHER USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
THE VICE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE VICE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE VICE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE VICE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE VICE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT/SUBMISSION(S).
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE VICE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE VICE CONTENT; (C) USER CONTENT/SUBMISSION(S); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VICE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VICE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE VICE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VICE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VICE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE VICE PARTIES , AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE VICE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
VICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SERVICE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing the Service.
INDEMNIFICATION
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at VICE's request), indemnify and hold the VICE Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content/Submission(s) or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by VICE in the defense of any claim. VICE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of VICE.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Submissions and Content may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Jon Lutzky
General Counsel
jon.lutzky@vice.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
INTERNATIONAL ACCESS
Our Site is provided from the United States of America. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
DISPUTES /GOVERNING LAW
The laws of the State of New York shall govern these Terms of Use. YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK.
FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK, NEW YORK.
ENTIRE AGREEMENT
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and VICE and governs your use of the Service, superseding any prior agreements between you and VICE. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of VICE. Any purported assignment or delegation by you without the appropriate prior written consent of VICE will be null and void. VICE may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
QUESTIONS
Should you have any questions regarding these Terms and Conditions you may contact us at info@viceland.com
These Terms and Conditions are effective and were last updated on September 7, 2016.