ViionNetwork.com TERMS AND CONDITIONS OF USE
Welcome to the
Viion Network.com web site. Viion Network, LLC maintian this site for your personal entertainment,
information, education, and communication. Please feel free to browse the Site
at any time; however, by browsing this Site, you are subject to the terms and
conditions ("Terms and Conditions") of this Site. By accessing this Site, you
accept, without limitation or qualification, the following Terms and Conditions.
If you do NOT accept the Terms and Conditions, then please discontinue your use
of this Site.
TERMS AND CONDITIONS
Use of
Site
Viion Network, LLC reserves the right, in its sole discretion, to amend the Terms
and Conditions, and to modify, add or discontinue any aspect, content, or
feature of the Site. Such amendments, modifications, additions, deletions shall
become effective upon notice thereof, which may be provided to you by posting on
the Site, via e-mail or any other means. Continued use of the Site by you shall
constitute your binding acceptance of any such amendments, modifications,
additions or deletions. The Site is owned and operated by Viion Network, LLC and its
affiliated companies and contains material that is derived in whole or in part
from material supplied and owned by Viion Network, LLC and other sources. Such material is
protected by copyright, trademark, and other applicable laws. You may not
modify, copy, reproduce, republish, upload, post, transmit, publicly display,
prepare derivative works based on, or distribute in any way any material from
the Site, including but not limited to text, audio, video, code and software.
During your visit, however, you may download material displayed on the Site for
non-commercial, personal use only (provided that you also retain all copyright
and other proprietary notices contained on the materials). Viion Network, LLC neither warrants
nor represents that your use of materials displayed on the Site will not
infringe rights of third parties not owned by or affiliated with
Viion Network, LLC.
Disclaimer of Warranties
While Viion Network, LLC uses reasonable
efforts to include up to date information in the Site, Viion Network, LLC makes no warranties
or representations as to its accuracy, timeliness, reliability, completeness or
otherwise. Viion Network, LLC has provided links and pointers to Internet sites maintained by
third parties ("Third Party Sites") and may from time to time provide third
party materials on the Site. Neither Viion Network, LLC, its parent, subsidiary companies,
affiliates, or suppliers operate or control in any respect the information,
products or services on these Third Party Sites. The content, materials, and
products or services available in or accessible through the Site are AS IS and,
to the fullest extent permissible pursuant to applicable law, Viion Network, LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE
OF DEALING. Viion Network, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS
AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE
AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING
THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation
of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK.
YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS
TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE,
INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE
FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF
THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE
AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE
AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR
THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR
COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL Viion Network, LLC, ITS PARENT OR
SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR
INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, Viion Network, LLC'S REMOVAL OR DELETION
OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF Viion Network, LLC OR ANY OF ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS
WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION,
COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT Viion Network, LLC, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER OF THE SITE.
Submissions
While we are
always happy to hear from you, it is Viion Network, LLC's policy not to accept or
consider creative materials, ideas, or suggestions other than those we
specifically request. This is to avoid any misunderstandings if your ideas are
similar to those we have developed independently. Therefore, we must request
that you do NOT send to us any original creative materials such as screenplays,
stories, original artwork, etc. Any communication or material you do transmit to
the Site by electronic mail or otherwise will be treated as non-confidential and
non-proprietary. Anything you transmit or post shall be deemed the property of
and may be used by Viion Network, LLC, or its affiliates, for any purpose, including,
but not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, Viion Network, LLC is free to use and shall be
deemed to own, any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products using such
information. Disclosure, submission, or offer of any submissions to the Site
shall constitute an assignment to Viion Network, LLC of all worldwide rights, titles, and
interests in all copyrights and other intellectual property rights in such
submission. Viion Network, LLC may edit, copy, publish, distribute, translate, and otherwise
use in any medium any submission that you forward to Viion Network, LLC and will own
exclusively all such rights, titles, and interest and shall not be limited in
any way in its use, commercial or otherwise, of the submission. Viion Network, LLC is and
shall be under no obligation to: (1) maintain any of your or any user's
submissions in confidence; (2) to pay to you or any user any compensation for
any submissions; or (3) to respond to any of your or any other user's
submissions.
Trademarks
The trademarks, logos, and service
marks (collectively the "Trademarks") displayed on the Site are registered and
unregistered Trademarks of Viion Network, LLC and others. Nothing contained on the Site should
be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Site without the written permission
of Viion Network, LLC or such third party that may own the Trademarks displayed on the Site.
Your misuse of the Trademarks displayed on the Site, or any other content on the
Site, except as provided in these Terms and Conditions, is strictly prohibited.
You are also advised that Viion Network, LLC's will aggressively enforce its intellectual
property rights to the fullest extent of the law, including seeking of criminal
prosecution.
Merchants
Your correspondence or business dealings
with, or participation in promotions of, merchants found on or through the Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings,
are solely between you and such merchant. Viion Network, LLC will NOT be responsible or liable
for any loss and/ or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such merchants on the
Site.
Chat Rooms / Message Boards/ Bulletin Boards
The Site may
provide you and other users an opportunity to submit, post, display, transmit
and/or exchange information, ideas, opinions, photographs, images, video,
creative works or other information, messages, transmissions or material to us,
the Site or others ("Post" or "Postings"). Postings do not reflect the views of
Viion Network, LLC; and Viion Network, LLC does not have any obligation to monitor, edit, or review any
Postings on the Site. Viion Network, LLC assumes NO responsibility or liability arising from
the content of any such Postings nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy
contained in any information within such Postings on the Site. You are strictly
prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material
that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law. Viion Network, LLC will
fully cooperate with any law enforcement authorities or court order requesting
or directing Universal to disclose the identity of anyone posting any such
information or materials.
Indemnification
You agree to
indemnify, defend and hold Viion Network, LLC and its parent, affiliates, and their respective
officers, directors, owners, employees, agents, information providers and
licensors (collectively the "Indemnified Parties") harmless from and against any
and all claims, liability, losses, actions, suits, costs and expenses (including
attorneys' fees) arising out of or incurred by any breach by you of these Terms
and Conditions. Viion Network, LLC reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with Viion Network, LLC's defense of such
claim.
Registration
Should Viion Network, LLC choose to provide member-based
services ("Services") on the Site, when you register to use these Services, you
may be required to provide certain personally identifiable information about
yourself. You agree to provide true, accurate and complete information about
yourself, and to update the information when it changes. If you provide any
information that is untrue or inaccurate, not current, or incomplete, or if Viion Network, LLC
suspects that your information is untrue, inaccurate, or incomplete, then Viion Network, LLC
may, in its sole discretion, suspend, terminate, or refuse future access to your
membership in these Services. Any personally identifiable information provided
at points of registration on the Site will be subject to the Viion Network, LLC Web
Site Privacy Policy which can be read by clicking
here.
Termination
Viion Network, LLC may, in its sole discretion,
terminate your password, account (or any part thereof) or your access to the
Site, or remove and discard any Communication transmitted by you, or information
stored, sent, or received via the Site without prior notice and for any reason,
including, but not limited to: (i) concurrent access of the Site with identical
user identification numbers, (ii) permitting another person or entity to use
your user identification number to access the Site, (iii) any other access or
use of the Site except as expressly provided in this Agreement, (iv) any
violation of the terms and conditions of this Agreement or the rules and
regulations relating to the use of, the software and/or data files contained in,
or accessed through, the Site, (v) tampering with or alteration of any of the
software and/or data files contained in, or accessed through, the Site, or (vi)
failure to use the Site or portion thereof on a regular basis. You may terminate
your membership hereunder upon thirty (30) days written notice by you to Viion Network, LLC of
your intent to terminate this Agreement. Termination, suspension, or
cancellation of this Agreement or your access rights shall not affect any right
or relief to which Viion Network, LLC may be entitled, at law or in equity. Upon termination
of this Agreement, all rights granted to you will automatically terminate and
immediately revert to Viion Network, LLC and its licensors.
Children Online
Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as
amended, Viion Network, LLC hereby notifies you that parental control protections (such as
computer hardware, software, or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available at
the American Links Up web site, http://www.netparents.org. To view information on our policy
regarding the privacy of information from children under the age of 13, please
click here to read the Viion Network, LLC Web Site Privacy Policy.
Export Control
The Site is
controlled and Operated by Viion Network, LLC from its offices within the State of
Florida, United States of America. Unless otherwise specified, the materials
on the Site are presented solely to promote and provide information about Viion Network, LLC's
products and services available in the United States. Viion Network, LLC makes no
representation that the materials in the Site are appropriate or available for
use in other locations and other countries. Those who choose to access the Site
from other locations or other countries do so on their own initiative and are
responsible for compliance with local laws in that territory, if and to the
extent that local laws are applicable. Software available from the Site is
further subject to United States export controls. No software from the Site may
be downloaded or otherwise exported or re-exported: (A) into (or to a national
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods, or (B) to anyone on the U. S. Treasury
Department list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By using the Site, you 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.
Infringement Policy
Viion Network, LLC,
pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital
Millennium Copyright Act (the "Act"), reserves the right, but not the
obligation, to terminate your license to use the Site if it determines in its
sole and absolute discretion that you are involved in infringing activity,
including allege acts of first-time or repeat infringement, regardless of
whether the material or activity is ultimately determined to be infringing. Viion Network, LLC
accommodates and does not interfere with standard technical measures used by
copyright owners to protect their materials. In addition, pursuant to 17 U.S.C.
Section 512 (c), Viion Network, LLC has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. All claims of infringement must be submitted to Viion Network, LLC in
a written complaint that complies with the requirements below and delivered to
our designated agent to receive notification of claimed infringement by
mail:
Katherine Bruton
Viion Network, LLC
5050 NW 74th Ave. Unit-C
Miami, FL 33166
Email: info@ViionNetwork.com
In addition, any written notice regarding any defamatory or
infringing activity, whether of a copyright, patent, trademark or other
proprietary right must include the following information:
A. A physical
or electronic signature of a person authorized to act on behalf of (1) the owner
of an exclusive right that is allegedly infringed or (2) the person
defamed.
B. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that site.
Similarly, for materials that are defamatory or infringe patent, trademark, or
other proprietary rights of a third party, please submit a list of such
materials.
C. Identification of the material that is claimed to be
infringing, to be the subject of infringing activity, or that is claimed to be
defamatory and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material.
D.
Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/ or e-mail address.
E. A statement that you
have a good faith belief that use of the material, in the manner complained, of
is not authorized by the copyright or other proprietary right owner, its agent,
or the law.
F. A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed or on behalf of
the person defamed.
Governance
This agreement shall be governed
by, construed and enforced in accordance with the laws of the State of Florida,
as it is applied to agreements entered into and to be performed entirely with
such state. Any action you, any third party or Viion Network, LLC bring to enforce this
agreement or, in connection with, any matters related to this Site shall be
brought only in either the state or Federal Courts located in Dade County,
Florida and you expressly consent to the jurisdiction of said courts. If any
provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining
provisions. This agreement and any posted operating rules constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all prior or contemporaneous communications and proposals, whether
oral or written, between the parties with respect to such subject matter.