From time to time the VDURA®, Inc. (“VDURA”) website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
IN NO EVENT SHALL VDURA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. You agree to indemnify, defend and hold harmless VDURA, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VDURA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. VDURA MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. VDURA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
VDURA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
Minors are not eligible to use this Site, and we ask that they do not submit any personal information to us.
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of VDURA in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of VDURA outside the U.S. Neither the services of VDURA nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by the laws of the State of California, without regard to its conflicts of laws provisions. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Santa Clara County, California. You and VDURA agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of VDURA, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that VDURA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The entire contents of this Web site are subject to copyright protection. The contents of VDURA Web sites may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of VDURA. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of VDURA, or any third party.
I hereby grant VDURA, its legal representatives and assigns, those for whom VDURA is acting, and those acting with their permission, or any of their respective employees, the irrevocable, sublicenseable, transferable, and worldwide right and permission to copy, use, reuse, modify, perform, publish, display, broadcast, disseminate, distribute and republish (i) photographic pictures or portraits and/or (ii) videotaped footage of me (collectively, “Content”), as well as (a) my name and/or (b) my personal and/or biographical information, as provided by me to VDURA. I acknowledge that VDURA shall have no obligation to use any of the Content.
I hereby release, discharge and agree to save harmless VDURA, its representatives, assigns, employees or any person(s) or corporation(s) acting under VDURA’s permission or authority, including any firm that is publishing and/or distributing the finished product in whole or in part, from and against any liability resulting, whether intentionally or otherwise, from: (i) any violation of privacy, publicity, trademark infringement or copyright infringement; and/or (ii) claims of defamation, libel or slander.
This Release is the entire agreement between the parties with respect to the subject matter hereto. This Release supersedes any prior agreements and contemporaneous other oral or written communications concerning the subject matter of this Release. This Release and any disputes arising from or related thereto shall be governed in all respects and construed in accordance with the laws of the United States and of the State of California, without regard to its conflicts of laws principles. The parties agree to the exclusive jurisdiction in the state and federal courts in the City and County of San Francisco, California.”
