PRIVACY POLICY
Vigilant Management Corp. (collectively, the “Company”, “we”, “us” and/or “our”), produces and arranges events, makes information, products, and services available, including on our Websites and Apps (the “Site(s)”), subject to the following Privacy Policy (the “Privacy Policy”). The Privacy Policy applies to all Company products and services, including any and all events and any mobile applications that link to or display the Privacy Policy and/or the Site(s) (together, the “Services”).
INFORMATION THE COMPANY MAY COLLECT:
“Personal Information” means information that may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone or fax number. We do not consider Personal Information to include information that has been de-identified or aggregated so that it does not allow a third party to easily identify a specific individual.
“Usage Information” means certain personally non-identifiable information that we or our third-party service providers may collect through a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Services. Usage Information may include, but is not limited to, the type of browser, device, and operating system you are using, the URL that referred you to our Services, all of the parts of the Services that you interact, the time of day you use the Services, how and on what device you use one of our mobile applications (an “App”) including your usage of any image available to you within an App or other functionality of the App itself, any third-party applications in which you use the Services, and at any third party venues or Company events.
If we associate Usage Information with your Personal Information, we will treat it as Personal Information.
HOW THE COMPANY MAY COLLECT YOUR INFORMATION:
Personal Information Collection Directly From You. We may collect Personal Information when you register for any of the Services, visit certain areas of the Services, attend our events, purchase products, subscribe to any communications from us, or otherwise voluntarily provide it to us.
Social Media Connection. We may collect Personal Information from social media websites, such as Facebook or Twitter, when you connect to any of our Company accounts using your social media account. For example, when you log in with your Facebook credentials, we may collect certain information from Facebook, such as your email address, profile picture, and friend list. We may also collect Personal or Usage Information from social media websites or apps when you choose to use the Services in connection with that social media provider, such as when you use one of our mobile application keyboards to insert a sticker in Facebook Messenger.
Customer Support. We may collect Personal Information that you provide to us through your communications with our customer-support team.
Cookies, Automatic Data Collection, and Related Technologies. We and third parties that provide functionality for our Services may collect Usage Information, by using cookies, server logs, and other similar technology as you use the Services. This Usage information may be used to improve the quality of the Services, such as to store your preferences, customize the Services, and provide more relevant advertising.
A “cookie” is a small line of text that is stored with your Web browser for record-keeping purposes and to help provide better service to you. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly. As you navigate the Services, cookies may collect information including internet protocol (IP) addresses, browser type, internet service provider (ISP), device identifiers, referring/exit pages, platform type, date/time stamp, and number of clicks. This information may be used to analyze trends, administer the site, track users’ overall movements, and gather broad demographic information for aggregate use only, to help us understand how users interact with our Services.
By using the Services, you are authorizing us to gather, parse, and retain data, including Personal Information, related to the provision of the Services.
HOW THE COMPANY USES YOUR INFORMATION:
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us or such third party to facilitate the Services and/or to improve our services.
Service Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We may use Personal Information and Usage Information for marketing purposes, but we do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission to do so. We also do not provide Personal Information to any third-party ad networks. We may use your Personal Information and other information to communicate with you by email, text messages, or push messages to provide you with information we think may be of interest to you. We will send you text messages only with your consent, which we will ask for at the time you provide us with your mobile telephone number, and you may opt out of emails by using the opt-out link in an email.
Aggregate Data. We may de-identify and aggregate data collected through the Services and use it for any purpose. It is important to remember that such information does not identify you individually.
HOW THE COMPANY MAY DISCLOSE YOUR INFORMATION:
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission to do so. We may share Usage Information or de-identified or aggregate information with third parties for marketing or other purposes.
Vendors and Service Providers. We may share any Personal Information or Usage Information we receive with vendors (including but not limited to a third party venues, caterers, or staffing companies who provide services on our behalf) and service providers retained in connection with the provision of the Services.
Business Partners. We may share any Personal Information or Usage Information we receive with our business partners, such as the companies that sponsor our events or other services, in connection with the provision of the Services.
Social Networking and Other Website Services. You may choose to utilize the Services in connection with third-party services and social networking websites, such as Facebook and Twitter, in which case we may share information, including Personal Information, with such third parties. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose any information, including Personal Information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information, including Personal Information, may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
With Your Consent. We may also disclose your Personal Information with your permission.
SECURITY OF YOUR INFORMATION:
We take steps to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach involving your Personal Information (or to withdraw your consent from receiving electronic notice), please notify us at info@vigilant-holdings.com.
CHILDRENS PRIVACY:
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Services is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at info@vigilant-holdings.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
INTERNATIONAL USERS:
By choosing to use the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of New York and the adjudication of any disputes arising in connection with the Services will be in accordance with the Terms and Conditions of Use.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION:
If you have any questions or concerns about this Privacy Policy or the use of your information, or to modify or update any information we have received, please contact info@vigilant-holdings.com.
LINKS TO OTHER SITES:
Our Site(s) may contain links to other web sites and services operated by third parties (the “Third Party Services”). The Company assumes no responsibility for the content or the privacy policies and practices of any such Third-Party Service. The Company encourages you to read the privacy statements of each applicable Third-Party Service as those privacy statements will apply to information collected through those Third Party Services.
BUSINESS TRANSITION INCLUDING MERGER OR ACQUISITION:
If the Company undergoes a business transition such as a merger, being acquired by another company, or selling a portion of its assets, your Usage Information and Personal Information may become part of the assets transferred.
CHANGES TO OUR PRIVACY POLICY AND PRACTICES:
Posting of Revised Privacy Policy. We may update this Privacy Policy to reflect changes in our business and to our information practices. If we make any change in how we use Personal Information, we will notify you by placing a prominent notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.
TERMS & CONDITIONS
Vigilant Management Corp. (collectively, “the “Company”) produces and arranges events, makes information, products and services available on Websites (each individually, the “Site” and collectively, the “Sites”), subject to the following terms of use (the “Terms”). We may own and operate multiple Sites. You can determine if a Site is owned and operated by the Company by referring to the Terms of Use link available to you on each Site we own and operate. These Terms apply to all of our Sites.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.
“You” or “your” means you personally (for example, the individual who reads and agrees to be bound by these terms), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access any of the Sites. The Company reserves the right to change the information, products, services, prices, and Promotions mentioned in any of the Sites, at any time, at its sole discretion.
Your use of the Site and the licensing of certain products made available through certain of our Sites are subject to additional terms and conditions provided by the Company. Such additional terms and conditions include, but are not limited to, waivers to attend our events, agreements applicable to our products, terms associated with any sponsorships or Promotions and our Privacy Policy (collectively, the “Additional Terms”). If there is any conflict between the Additional Terms and these Terms, the Additional Terms shall prevail with respect to the subject matter of such Additional Terms.
The Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site after any changes to the Site will indicate your acceptance of the changes and Terms. The Company reserves the right to seek all remedies available by law and in equity for any violation of the Terms. Any rights not expressly granted herein are reserved by the Company. The Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, from time to time, and in the Company’s sole discretion.
1. Eligibility. If you are using this Site on behalf of a corporation or other legal entity, you represent that you are authorized to accept these Terms on behalf of such corporation or other legal entity. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or transmit or otherwise submit personally identifiable information to the Company.
2. Terms Applicable to Corporations. The following terms and conditions apply specifically to any corporation or other legal entity that is subject to these Terms: (i) you agree to require each of your employees to be bound by these Terms, and (ii) you agree to remain responsible and liable for all acts and omissions of your employees in connection with the Site, including any breach of the Terms. All references to your access and/or use of the Site herein include access and/or use of the Site by your employees.
3. We Operate e-Commerce Sites. On one or more of our Sites, you may be able to purchase tickets, products, or other goods and services (collectively, a “Product”). Each Product purchased from one of our e-commerce sites will be governed by terms and conditions or another agreement specific to the Product being purchased, or both. Products are made for the use and enjoyment of the person purchasing the Product and for no other people. Price and availability information for products is subject to change without notice. All product specifications are subject to change without notice. Actual product may differ in appearance from any images shown.
4. Information Submitted Through the Site. Your submission of information through the Site is governed by the Company’s Privacy Policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with your use of the Site must be true, accurate, and complete, and you will maintain and update such information. You agree that if any information that you provide becomes false, inaccurate, obsolete or incomplete, the Company may terminate your use of the Site.
5. Registration; User Names and Passwords. You may be required to register with the Company in order to access certain areas of certain of our Sites. With respect to any such registration, the Company may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that the Company rejects for any other reason in the Company’s sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access such Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to notify the Company immediately of any unauthorized use of your password or user name or any other breach of security related to your account or such Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. The Company is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6. Proprietary Rights. The information, photographs and materials made available through the Sites or as a result of any of our events, is and shall remain the property of the Company, its subsidiaries, affiliates and licensors and are protected by copyright, trademark, patent, and/or rights and laws. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) of Site, or any information from a Site, in whole or in part, without the express prior written authorization of the Company. Elements of our Sites are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from a Site may be copied or retransmitted unless expressly permitted in writing by the Company. Nothing contained on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company or its affiliates’ or suppliers’ trade names, trademarks or service marks without the Company’s express prior written consent.
7. Disclaimer of Warranties. THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. Limitation of Liability. IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF A SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH A SITE, ANY PRODUCT, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE A SITE OR FROM ANY PRODUCT AND/OR OTHER CONTENT POSTED ON THE SITE BY THE COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY TO ACCESS AND USE A SITE.
OUR SITES, THE PRODUCTS AND SERVICES AVAILABLE THROUGH ANY SITE AND THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON ANY SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ANY SITE, THE PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH ANY SITE AT ANY TIME.
NOTHING IN THIS SECTION SHALL LIMIT THE COMPANY’S LIABILITY TO YOU FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAWS.
9. Links. SOME OF THE LINKS ON THE SITE(S) WILL LET YOU LEAVE THE SITE(S). THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED WEBSITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE COMPANY OF ANY LINKED WEBSITES. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
10. Rules of Conduct. While using a Site you will comply with all applicable laws, rules and regulations. In addition, the Company expects users of our Sites to respect the rights and dignity of others. Your use of any Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to a Site. You agree that you will not post, transmit, or otherwise make available, through or in connection with any Site:
Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Use a Site for any fraudulent or unlawful purpose.
Harvest or collect personally identifiable information about other users of any Site.
Impersonate any person or entity, including any representative of the Company or its affiliates; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that the Company endorses any statement you make.
Interfere with or disrupt the operation of a Site or the servers or networks used to make a Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of a Site).
Use the Site to advertise or offer to sell or buy any goods or services without the Company’s express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site (including any content, product, service and other materials available through any Site).
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of a Site (including any content and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
Remove any copyright, trademark or other proprietary rights notice from any Site or content and other materials originating from any Site.
Frame or mirror any part of a Site without the Company’s express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of a Site, without the Company’s express prior, written consent.
11. Forums. A “Forum” means a discussion group, chat area, bulletin board, news group, wiki/help area, feedback, letter to the Company, its webmaster or employees, e-mail function or other interactive functionality offered as part of any of our Sites. Please note that Site users may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. The Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and do not reflect the opinions of the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives.
In addition, the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of a Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON ANY SITE, YOU DO SO AT YOUR OWN RISK.
12. License. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to the Company (each, a “Submission”), you acknowledge that such Submission is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to the Company a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit and distribute such Submission in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
13. Monitoring. You acknowledge and agree that the Company reserves the right (but has no obligation) to do one or more of the following in the Company’s sole discretion, without notice or attribution to you: (i) monitor Submissions as well as access to a Site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate any Site; to protect the Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. The Company disclaims any responsibility for content submitted by users on or through any area of a Site.
14. Rules for Sweepstakes, Contests, Raffles and Other Promotions. In addition to the Terms, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the Terms set forth herein. The Company urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review the Company’s Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.
15. Termination. You agree that the Company may, in its sole and absolute discretion, at any time for any reason or no reason, terminate your access to any Site if the Company believes that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of any Site may be effected without prior notice. You agree that The Company, its affiliates and licensors, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to any Site.
16. Governing Law and Forum. You agree to the non-exclusive jurisdiction of the State of New York, or an appropriate federal court located in New York, New York for any action or proceeding arising out of or related to these Terms, without regard to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by the Company to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than an appropriate state court in New York, New York, or an appropriate federal court located in New York, New York).
17. Indemnification. You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against the Company and/or each of its affiliates, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees (each, an “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site, including the information, content, services, and/or products provided on the Site; and (4) any Submission provided by you in a Forum. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys’ fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of these Terms.
18. Forward-Looking Statements. Some of your Sites contain express or implied forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond the Company’s control, and which could cause actual results to differ materially from those contemplated in such forward-looking statements. Such statements include those that (a) use the words “believes,” “expects,” “anticipates,” “estimates,” “will” or words of similar importance or meaning; (b) are specifically identified as forward-looking; (c) describe any of the Company’s plans, objectives or goals for future operations and products or services; or (d) concern the characteristics and growth of the Company’s markets or customers or the Company’s expected liquidity and capital resources. Factors that could cause actual results to differ materially include economic, competitive, governmental and technological influences affecting the Company’s operations, markets, products or services. Further information on potential factors that could affect the actual financial results of the Company are included in the Company’s filings with the Securities and Exchange Commission, if any. The Company does not assume any obligation to update any forward-looking statement to reflect events that occur or circumstances that exist after the date on which they were made.
19. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on a Forum or the materials, content or products made available on any of our Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the forum should be sent to the Company at:
By Email: info@vigilant-holdings.com.
20. No Legal Advice Offered. The content on our Sites is intended to be a general information resource in regard to the subject matter covered. The Company is not a law firm and it does not directly or indirectly practice law or attempt to render or dispense legal services via our Sites. Nothing contained on our Sites is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on the Sites is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts. Our Sites are not a substitute for the advice of an attorney.
21. Miscellaneous. These Terms and any Additional Terms contain the entire agreement between you and the Company with respect to our Sites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to any Site. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
22. Notices. Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
By Email: info@vigilant-holdings.com.
Notices to you may be made via posting to a Site, by e-mail, or by regular mail, in the Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
23. Contact Us. By Email: info@vigilant-holdings.com.