TERMS AND CONDITIONS
INTRODUCTION: This page states the "Terms and Conditions" under which you may use VUICA.COM, ("the web site") of VUICA.COM. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. VUICA.COM may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
1. THE SERVICE The Service consists of email, calendar, address book, a browser interface, data encryption, data publishing, data transmission, data access (as available) and, if applicable, synchronization software and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service. VUICA.COM makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. VUICA.COM reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.
2. USE OF PROPRIETARY SOFTWARE Subject to the terms and conditions of this Service Agreement, VUICA.COM grants you an individual, personal, non-sublicensable, non- exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that VUICA.COM and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.
3. USER SUBMISSIONS As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. VUICA.COM does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. VUICA.COM acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, VUICA.COM may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. VUICA.COM has no liability or responsibility to users for performance or nonperformance of such activities. VUICA.COM reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. VUICA.COM may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for VUICA.COM or may cause VUICA.COM to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant VUICA.COM and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
Acceptable Site Use
(a) Specific Prohibited Uses. VUICA.COM may be used only for lawful purposes by individuals for sharing information. VUICA.COM specifically prohibits any use of this Site, and requires all users to agree not to use this Site, for any of the following: (iii) Do Not post to VUICA.COM or the VUICA.COM Database any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents. (iv) Do Not delete or revise any material posted by any other person or entity. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
(b) Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of VUICA.COM, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any VUICA.COM packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. VUICA.COM will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(c) General Rules. Users may not use this Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous obscene, threatening, abusive or hateful.
5. REGISTRATION AND PASSWORD You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify VUICA.COM of any unauthorized use of your registration or password.
6. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. Because user authentication on the Internet is difficult, VUICA.COM cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on VUICA.COM, in the event that you have a dispute with one or more users, you release VUICA.COM (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site. The Material may contain inaccuracies or typographical errors. VUICA.COM makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. VUICA.COM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, VUICA.COM IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VUICA.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. VUICA.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Children: We do not specifically collect information about children. We believe that children should get their parents' consent before giving out personal information. If you are concerned about your child's use of VUICA.COM, we encourage you to use Web filtering technology to supervise your child's access to the site. We also encourage you to participate in your child's experience with VUICA.COM. With a little guidance, the site can prove very useful in finding a part time or summer job for your child, as well as providing them with excellent career counseling information. The vast majority of employment opportunities on VUICA.COM are intended for adults. Users under the age of 16 should not use VUICA.COM. Users between the ages of 16 and 18 should be certain they ask their parent's consent before using VUICA.COM or otherwise providing any personally identifiable information.
Disclaimer of Consequential Damages: IN NO EVENT SHALL VUICA.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VUICA.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites: The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by VUICA.COM of the contents on such third-party Web sites. VUICA.COM is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use: You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the Web Site.
Limitation of Liability. The aggregate liability for VUICA.COM to you for all claims arising from the use of the Materials is limited to $100.
7. TERMINATION VUICA.COM reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by VUICA.COM, upon any breach by you of these Terms and Conditions or if VUICA.COM is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site. VUICA.COM will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of.
8. INDEMNITY You agree to defend, indemnify, and hold harmless VUICA.COM, 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 Material or your breach of the terms of these Terms and Conditions. VUICA.COM shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
9. U.S. GOVERNMENT MATTERS You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.
10. MISCELLANEOUS The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with VUICA.COM's prior written consent. This Service Agreement will be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to the conflict of laws provisions thereof. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind VUICA.COM in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
11. DISCLAIMER You use this Site at your own risk. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VUICA.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VUICA.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VUICA.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT VUICA.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. VUICA.COM RETAINS THE RIGHT TO REVISE THESE RULES AT ANY TIME. Warning: ANY USE OF THE VUICA.COM SITE IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF THE SITE SPONSOR AND MAY RESULT IN LEGAL ACTION AGAINST YOU.
12. ZERO TOLERANCE SPAM POLICY
It is strictly forbidden to use ANY VUICA.COM service to send spam (unsolicited commercial email). Spamming by VUICA.COM users, partners or affiliates will not be tolerated. Should we discover that you have sent Spam we will immediately cancel any account you may have with us and pursue every available legal remedy and recover any damages caused by sending Spam (unsolicited commercial emails).
VUICA.COM may provide hyperlinks to other Internet sites only for the convenience of our World Wide Web users. These "Links" are provided only as an informational resource as a service to our users. These "Links" include the links to other employment sites in our job search results pages.
VUICA.COM is not responsible for the availability or content of these external sites, nor does VUICA.COM endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites.
Please note that many of the links provided are not on one of VUICA.COM's servers and are not maintained by us or affiliated with any services provided by us. These links are provided simply as a service, and it should not be implied that we recommend, endorse or approve of any of the content at the linked site(s). The link information and reference materials are intended solely for the information of the reader.
Please also note that any site that we offer an external link to does not necessarily recommend, endorse or approve of VUICA.COM. Nor are these sites affiliated with VUICA.COM in any way.
14. DISCLAIMER OF ENDORSEMENT
Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by VUICA.COM.
Reference to any external products, services, hypertext link outside third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply that the owners of the trade name, trademark, website or service mark offer any endorsement,sponsorship or recommendation of VUICA.COM in any way.