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Terms and Conditions of Use / Legal Notices

Thank you for using VirtualRatings.com (the "Web Site") which is provided by VirtualRatings.com, Inc. (the "Provider"). This page states the terms and conditions (the "Agreement") under which you may use the Web Site. Read this page carefully. By accessing the Web Site you accept and agree to be bound, without limitation or qualification, by this Agreement. If you do not accept any of this Agreement, do not use the Web Site. The Provider may, in its sole discretion, revise or modify this Agreement at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Agreement.

Section 1. Use of Content.

The contents of this Web Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks, communications, and other content ("Content") are protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by the Provider and Content owned or controlled by third parties and licensed to the Provider.

The Provider authorizes you to view and download a single copy of the Content from the Web Site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of the Provider. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.

If you would like information about obtaining the Provider's permission to use any of the Content or if you would like to link your site to the Web Site, feel free to contact us.

If you violate this Agreement, your permission to use the Content is automatically terminated and you must immediately destroy any copies you have of the Content.

Section 2. No Warranties.

The Web Site and Content are provided on an "as is" basis without any warranties of any kind, whether express or implied. The Provider and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The Provider and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the Content, services, software, text, graphics, and links.

The Provider does not warrant that the Web Site will operate error-free or that this Web Site or its servers are free of computer viruses or other harmful items. If your use of the Web Site or the Content results in the need for servicing or replacing equipment or data, the Provider is not responsible for those costs.

Much of the Content on the web site is provided by third parties and the Provider shall not be held responsible for any such third party Content.

Section 3. Limitation of Liability / Disclaimer of Damages.

Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Content of the Web Site or with this Agreement, the Provider's Privacy Policy, or other policies, your sole remedy is to discontinue use of the Web Site.

In no event shall the Provider or its suppliers be liable to any user or any third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or lost profits) resulting from the use or inability to use the Web Site or any Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Provider is advised of the possibility of such damages.

Section 4. Forums.

General. The Web Site, among other things, contains certain discussion forums, bulletin board services, forums and/or other message or communication facilities (collectively, "Forums"). Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. The Provider has no responsibility for such content and is merely providing access to such content as a service to you.

Forums may contain offensive, harmful, inaccurate or inappropriate content, postings that have been mislabeled or are deceptive. You should use caution and common sense and exercise proper judgment when using Forums.

Permitted Uses. You agree that you are responsible for your own postings and for any consequences thereof. You agree to use the Forums only to send and receive messages and Content that are legal, proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful Content or information.

Post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such Content.

Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell any goods or services for any commercial purpose.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content contained in a file that is Posted.

Restrict or inhibit any other user from using and enjoying the Forums.

Monitoring. The Provider does not control the information delivered to the Forums, and the Provider has no obligation to monitor the Forums. However, the Provider reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to modify, refuse to post or to remove any information or Content, in whole or in part, for any reason whatsoever, in the Provider's sole discretion.

Endorsement. The Provider does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on Content posted in the Forums will be at your own risk.

Provider's Rights. If notified by a User of Content which allegedly do not conform to any term of this Agreement, the Provider may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the Content. The Provider will have no liability or responsibility for performance or non-performance of such activities. The Provider reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that the Forums available through the Web-Site are available only through the Web Site.

Privacy. You acknowledge that all Forums are public communications, and that others may read your communications without your knowledge. Always use caution when giving out any personally identifying information any Forum. The Provider does not control or endorse the content, messages or information found in any Forum and therefore, the Provider specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forum. Generally, any communication which you post to the Web Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by the Provider as confidential, that fact will be stated on those pages. For more information see the Provider's Privacy Policy.

License Grant. By posting Content on the Web Site, you automatically grant the Provider a perpetual, irrevocable, non-exclusive license, royalty-free to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Section 5. Copyright Infringement and Copyright Agent.

The Provider may, in appropriate circumstances and at its discretion, remove, or disable access to, Content on the Web Site that infringes on the rights of others.

If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide the Provider's Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

identification of the copyrighted work claimed to have been infringed;

a description of where the Content that you claim is infringing is located on the Web Site;

your address, telephone number, and email address;

a 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;

a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Provider's Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached by contact us.

Section 6. Web Links.

This Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Provider of the contents on such third-party web sites. The Provider is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of Contents on such third-party Web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Section 7. Indemnity.

You agree to defend, indemnify, and hold harmless the Provider, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach any of the terms of this Agreement. The Provider shall notify you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

Section 8. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents to countries or persons prohibited under the export control laws. By downloading any Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

Section 9. General.

The Provider makes no claims that the Contents are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to any Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

This Provider is headquartered in Branchburg, New Jersey. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of New Jersey. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the United States District Court closest to Branchburg, New Jersey, or if such court lacks subject matter jurisdiction, the Supreme Court of the State of New Jersey. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for Software or Content on particular web pages, this Agreement constitutes the entire Agreement between you and the Provider with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Provider.




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