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Terms and ConditionsPLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. Vision Videogames, LLC provides complimentary Internet-based
information services to the consumer by and through this web site ("Site").
By using this site, you signify your agreement to these Terms and Conditions of
use. You must agree to these Terms and Conditions ("Agreement") in order
to use the Site. Please read this document carefully. If you do not agree to all
of the terms of use and conditions of this Agreement, do not use this Site and
exit promptly. Vision Videogames may revise and update this Agreement at
anytime. Please periodically review the Agreement's terms and conditions posted
at the Site because your continued usage of the Site will mean that you have accepted
those changes. Section 1. General Disclaimer; No Medical Advice. THE
CONTENT ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS
NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS
SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY
QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, MEDICATION, WELLNESS PROGRAM,
SYMPTOMS, MEDICAL DIAGNOSIS OR TREATMENT. NEITHER THE CONTENT NOR ANY OTHER GOOD
OR SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL
DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT
BECAUSE OF SOMETHING YOU ACCESSED ON THIS SITE. Section 2. Use of Content;
Copyright. Upon acceptance of the terms and conditions set forth herein,
Vision Videogames authorizes you to view or download a single copy of the material
on this Site solely for your personal, noncommercial use. The contents of
the Site, such as text, graphics, images and other material, including software
licensed by Vision Videogames to permit access to the Site ("Content"),
are protected by copyright under both United States and foreign laws, and title
to the Content shall not pass to you or any other user. Unauthorized use of the
Content may violate copyright, trademark, and other laws. No portion of the Content
may be reverse-engineered, decompiled, reproduced, transcribed, stored in a retrieval
system, translated into any language or computer language, re-transmitted in any
form or by any means (electronic, mechanical, recordation or otherwise), resold
or redistributed without the prior written consent of Vision Videogames, except
that you may reproduce limited excerpts of the data for personal use only, provided
that each such copy contains the appropriate copyright notice, as follows: Copyright
2005 Vision Videogames, LLC . All rights reserved. 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. The use of the Content
on any other web site or in a networked computer environment for any purpose is
prohibited. Content is subject to change without notice at the editorial discretion
of Vision Videogames. If you violate any of the terms and conditions of this Agreement,
your permission to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content. Section
3. Company's Liability; Disclaimer of Consequential Damages. YOU ACKNOWLEDGE
THAT IN CONNECTION WITH USE OF AND ACCESS TO THE SITE, INFORMATION WILL BE TRANSMITTED
OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH
ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY
LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS
AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF Vision Videogames.
ACCORDINGLY, Vision Videogames ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY,
FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED
IN CONNECTION WITH USE OF THE SITE. THE SITE AND THE CONTENT ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Vision Videogames,
TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS
SITE. Vision Videogames MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS,
OR LINKS PROVIDED ON OR THROUGH THE USE OF THE SITE. Vision Videogames DOES NOT
MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE SITE SATISFIES GOVERNMENT
REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
IN NO EVENT SHALL Vision Videogames OR ANY THIRD PARTIES MENTIONED AT THE 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 SITE OR
THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT Vision Videogames IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Vision Videogames SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED
US$500.00 (FIVE HUNDRED DOLLARS, US). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE
AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. Section
4. Links to/from Other Sites. The Site contains links to third party web
sites, and third parties may provide links, either authorized or unauthorized,
to the Site. Any links on the Site are provided solely as a convenience to you
and not as an endorsement by Vision Videogames of the content on such third-party
web sites, or any association with its operators. Vision Videogames is not responsible
for the content of linked third-party sites, including without limitation any
link contained in a linked site, or any changes or updates to a linked site, 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. Your use of third-party web sites is subject
to the Terms and Conditions of use for such sites. Section 5. Advertisements. The
Site contains advertisements by third parties, and these advertisements may contain
links to other web sites. Unless otherwise specifically stated, Vision Videogames
does not endorse any product or make any representation regarding the content
or accuracy of any materials contained in, or linked to, any advertisement on
the Site. Section 6. Indemnity. You agree to defend, indemnify and
hold Vision Videogames, its officers, directors, employees, agents, licensors
and suppliers, harmless from and against any claims, actions or demands, liabilities
and settlements including without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your use of the Content in a
manner that violates or is alleged to violate the terms and conditions of this
Agreement. Vision Videogames shall provide notice to you promptly of any such
claim, suit, or proceeding and shall reasonably cooperate with you, at your expense,
in your defense of any such claim, suit or proceeding Section 7. 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 of the Site to countries or persons prohibited under the export control
laws. By downloading any portion of the contents of the Site, you are agreeing
that you are not in a country where such export is prohibited or are a person
or entity to which such export is prohibited. You are responsible for compliance
with the laws of your local jurisdiction regarding the import, export, or re-export
of the Contents (including Software). Vision Videogames makes no claims
the Content is appropriate or may be downloaded outside of the United States.
Access to the Content may not be legal by certain persons or in certain countries.
If you access the Site from outside the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction. Section
8. Severability. 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 of the terms and conditions
herein shall be deemed a further or continuing waiver of such term or condition
or any other term or condition. Section 9. Jurisdiction. This Agreement
is governed by the laws of the State of Maryland, without respect to its conflict
of laws principles. You expressly agree that exclusive jurisdiction for any dispute
with Vision Videogames, or in any way relating to your use of the Site, resides
in the courts of the State of Maryland. You further agree and expressly consent
to the exercise of personal jurisdiction in the federal and state courts of the
State of Maryland in connection with any such dispute including any claim involving
the Site or Vision Videogames, its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers and content providers. Section
10. Complete Agreement. EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL
NOTICE" ON THE SITE, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN
YOU AND Vision Videogames WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE
AND CONTENT CONTAINED THEREIN. Thank you for observing these terms and conditions
while using the Site. Comments, questions or suggestions regarding this Site and/or
the Content should be directed by electronic mail to: |