TERMS OF USE

 

 

WELCOME

 

VICE MAGAZINE PUBLISHING INC. (“VICE”, “we”, “us”, “our”) welcomes you to our website (the "Website", “viceland.com”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By using Viceland.com you agree to be legally bound by the Terms of Use, which shall take effect immediately on your first use of Viceland.com. If you do not agree to be legally bound by these Terms of Use please do not access and/or use Viceland.com.

 

VICE may change these Terms of Use at any time by posting changes online. Please review these Terms of Use regularly to ensure you are aware of any changes made by VICE. Your continued use of Viceland.com after changes are posted means you agree to be legally bound by these Terms of Use as updated and/or amended.

 

 

1.     AGREEMENT

 

There are many interactive features on Viceland.com that you can contribute to. These include: forums, reviews, online voting, community, mailing lists and email (“Communities”).

 

When interacting with Viceland.com, we suggest that you use your discretion and exercise caution when providing your personal information.

 

Note that whenever you post personal information in publicly accessible places, such as our Communities, this information becomes available to anyone with access to the internet. This information can be collected and used by others. Therefore, we recommend that you refrain from posting any information that you do not want seen in these public areas.

 

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any personal information.

 

 

2.     CONDUCT

 

You agree to not use Viceland.com to: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a VICE official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Viceland.com; (v) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights (“Intellectual Property Rights”) of any party; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose; (viii) upload, post, e-mail or otherwise transmit any material that 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; (ix) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of Viceland.com are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (x) interfere with or disrupt Viceland.com or its servers or networks connected to Viceland.com, or disobey any requirements, procedures, policies or regulations of networks connected to Viceland.com; (xi) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xii) “stalk” or otherwise harass another; or (xiii) collect or store personal data about other users. You acknowledge that VICE does not pre-screen content, but that VICE and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via Viceland.com.  Without limiting the foregoing, VICE and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that VICE may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of VICE, its users and the public. You understand that the technical processing and transmission of Viceland.com, including your content, if any, may involve (i) transmissions over various networks or any other media determined by Viceland.com in its sole discretion; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices or any other media used by Viceland.com in its sole discretion.

 

 

3.     INTERNATIONAL USE

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content as defined in section 7. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

 

4.     CONTRIBUTIONS TO Viceland.com

 

Where you are invited to submit any contribution to Viceland.com including but not limited to any text, photographs, graphics, video or audio (collectively “Contributions”) you agree, by submitting your contribution, to grant VICE a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the VICE [Insert link to Website Privacy Statement]. If you do not want to grant VICE the rights set out above, please do not submit your contribution to Viceland.com

 

When you submit content, in any format, you acknowledge that you have all necessary rights, including copyright, in the material that you are contributing to VICE. You agree that VICE may use the material online and in whatever ways VICE chooses, now and in the future.

 

 

5.     COMMUNITIES

 

(a)     You are welcome to post, transmit or submit messages (collectively “Messages”) to Communities or other public areas within, or in connection with, this Website. We accept no responsibility whatsoever for claims arising from or relating to such Messages. We do not endorse and have no control over the content of Messages submitted by others to Communities. Messages submitted to Communities are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies.  We make no warranties, express or implied, as to the content of Messages in the Communities or the accuracy and reliability of any Messages and other materials in the Communities. Nevertheless, we reserve the right to prevent you from submitting Materials to Communities and to edit, restrict or remove Messages for any reason at any time.

 

(b)    We assume no responsibility for actively monitoring Communities for inappropriate Messages. If at any time we choose, in our sole discretion, to monitor the Communities, we nevertheless assume no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to Communities, you agree to strictly limit yourself to discussions about the subject matter for which the Communities are intended. You agree that we accept no liability whatsoever if we prevent your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Website to access, view, store, or reproduce your Messages for that other user's personal use and not to restrict or inhibit the use of this Website by any other person.

 

(c)         Children under the age of 18 are not authorized to post messages or participate in Communities on this Website.

 

(d)    You acknowledge and agree that all Messages and Contributions may be routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to such Messages and Contributions. You acknowledge that the Communities are forums for public and not private communications. Please keep in mind that whenever you disclose personal information online such information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

 

(e)     We also reserve the right to turn over to law enforcement officials all Messages and Contributions, emails, or other postings by you that are in violation of these Terms of Use or applicable law. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Website in violation of the law.

 

 

6.     OWNERSHIP / RESTRICTIONS ON USE

 

This Website is owned and operated by VICE.  Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to VICE, its affiliates and/or third-party licensors.  The Content is protected by Unties States and international copyright and trademark laws.

 

Except as set forth herein, you may not modify, copy, reproduce, publish,  post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of VICE.  You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of VICE. To obtain written consent for such reproduction, please contact us at info@Viceland.com.

 

 

7.     LINKING

 

It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from VICE and that VICE has no control over the content of such websites.  Consequently, VICE cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

 

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

 

We welcome any feedback that you may have concerning the external links that we have placed on our Website.



8.     Third Party Cookies


In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.

 

9.     DISCLAIMER / LIMITATION OF LIABILITY

 

Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.

 

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  VICE DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

 

IN NO EVENT SHALL VICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF VICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

10.  INDEMNITY

 

By using this Website, you agree to indemnify and hold harmless VICE, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any content you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website and/or (b) your use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

 

 

11.  PRIVACY

 

VICE respects your right to privacy of your personal information.  Please review our Website Privacy Statement [Insert link to Website Privacy Statement] for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

 

 

12.  CHANGES

 

VICE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, VICE reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from VICE to you for so being bound.

 

 

13.  ENTIRE AGREEMENT

 

These Terms of Use together with the Privacy Statement [insert link], as amended from time to time, constitutes the entire agreement that governs your use of Viceland.com and supersedes any prior agreements between you and VICE.

 

You may also be subject to additional terms and conditions that may apply to any affiliate services, that may apply to any affiliate services, third-party content or third-party software that may be incorporated into Viceland.com.

 

 

14.  APPLICABLE LAWS

 

These Terms of Use and the Privacy Statement [insert link] are governed by and construed in accordance with the laws of the State of New York, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of the State of New York. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and VICE with respect to the use of the Website, including the Content.

 

 

15.  COPYRIGHTS AND COPYRIGHT AGENTS

 

VICE respects the Intellectual Property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VICE 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 site; (iv) your address, telephone number, and e-mail address; (v) 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; (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. Any claims of copyright infringement on Viceland.com can be sent to info@Viceland.com

 

 

16.  TRADEMARKS

 

Viceland.com, the Viceland.com logo, Vice, the Vice logo, trademarks and services marks, and any other Viceland.com logos and product and service names are trademarks of VICE (the “VICE Marks”).  Use of any VICE Marks without the prior written authorization of VICE is strictly prohibited.

 

 

17.  NOTICE

 

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

 

If you have any questions or comments regarding these Terms of Use please contact us at info@Viceland.com.

 

Copyright  ã2007 Vice Magazine Publishing Inc.  All rights reserved.

 

Last updated  March 7, 2007.

 


PRIVACY STATEMENT

 

VICE is committed to protecting the privacy of the personal information you provide to us. Please take a moment to read the details of our privacy statement.

 

 

1.     Non-Personal Identification Information

 

Non-personal information is information concerning the manner in which you access the Website. This information includes the type of browser you use, the operating system you are using and the name of your Internet Service Provider. Non-personal information is automatically collected when you access our Website. You can configure your web browser to either reject the installation of the files that allow us to collect this information (commonly referred to as “cookies”) or warn you before the installation of such files occurs.

 

 

2.     Personal information

 

We will not collect personal information when you visit our Website without your consent. At times, we might ask you, for example, for your name, telephone number, e-mail address, mailing address and your date of birth. We may also ask additional marketing-related questions to help us better understand your needs and those of potential customers.

 

The personal information you provide us with will be used by our authorized personnel in order to better know and understand you, respond to your needs and expectations and to contact you for various promotional purposes. This information is also requested to verify your identity. Rest assured that we will not share, sell, rent, or otherwise give your personal information to any third party without your consent.

 

 

3.     Collection of Information from Children

 

We do not knowingly collect any personal information from children under the age of thirteen. However, if children under the age of thirteen provide us with personal information, a parent or legal guardian should request that we delete this information from our files by sending us an e-mail. We will use all reasonable efforts to delete children's information from our files.

 

 

4.     DISCLOSURE OF PERSONAL INFORMATION

 

4.1    We will not sell or rent your personal information to anyone.

 

4.2    We will only disclose your personal information to third parties:

 

(a)   Where you have specifically given us your consent to disclose your personal information for a designated purpose;

 

(b)   Who are acting on our behalf as our agents, suppliers or service providers, solely to enable us to more efficiently provide you with VICE services. Such entities act under strict contractual controls, requiring them to maintain the confidentiality of all such personal information and to use such information solely for purposes related to the provision of VICE services;

 

(c)   As may be set out in the Terms of Use applicable to VICE service, to facilitate the provision of such services, such as fulfilling legal requirements;

 

(d)   As required by law, including by an order of any court, institution or body with jurisdiction or authority to compel the production of information, or in order to protect or defend a legal interest; or

 

(e)   In connection with a VICE corporate re-organization, merger or amalgamation with another entity, or a sale of all or a substantial portion of the assets of VICE provided that the personal information disclosed continues to be used for the purposes permitted by this Privacy Statement by the entity acquiring the information.

 

 

5.     SECURITY OF INFORMATION

 

VICE uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, we try our best to make sure that your transmissions to and from this website are kept secure.  Only authorized VICE employees and its agents (who have agreed to keep information secure) have access to information and only to help VICE administer the site.

 

You may request at any time that the information collected about your child be deleted. Parents may contact us at info@Viceland.com about reviewing or deleting the information collected. You may also use this email address to contact us about any questions you may have about this policy or our practices.