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.
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.
- 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).
- VICE reserves the right to refuse access to the Service or reject Submissions at any time.
- 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).
You represent and warrant that:
- 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.
- 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.
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.
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.
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:
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
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
Should you have any questions regarding these Terms and Conditions you may contact us at firstname.lastname@example.org
These Terms and Conditions are effective and were last updated on September 7, 2016.