ACCEPTANCE OF TERMS
The services that VBArtistry
Use of this VBArtistry website constitutes your acceptance of the TOU. VBArtistry reserves the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed by clicking on
DESCRIPTION OF SERVICES
Through its website, VBArtistry from time to time may provide you with
access to a variety of resources, including developer tools, download areas,
and product information (collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition of any new web
properties, are subject to the TOU.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services
("Software") is the copyrighted work of VBArtistry and/or its suppliers. Use
of the Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software ("License
Agreement"). An end user is prohibited from installing or using any Software
that is accompanied by or includes a License Agreement, unless the user
first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of
the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VBArtistry
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
FOR YOUR CONVENIENCE, VBArtistry MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
VBArtistry DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN
MEMBER ACCOUNT, PASSWORD, AND SECURITY
VBArtistry may establish for you a client account in connection with the
rendering of engaged services. You may choose not to use the client account
and to have it closed and deleted by making request to
Support@VBArtistry.COM. Otherwise, you are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify VBArtistry immediately of any unauthorized
use of your account or any other breach of security. VBArtistry will not be
liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by VBArtistry or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
or notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any VBArtistry server or host server, or the
network(s) connected to any VBArtistry server or host server, or interfere
with any other party's use and enjoyment of any Services. You may not
attempt to gain unauthorized access to any Services, other accounts,
computer systems, or networks connected to any VBArtistry server or host
server or to any of the Services, through hacking, password mining, or any
other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
PAYMENT FOR PRODUCTS SUPPLIED AND SERVICES RENDERED
In connection with the delivery or rendering of products or services for
which you have engaged VBArtistry, including, but not limited to, software
development, programming, and/or consultation, you agree:
(a) to pay any and all applicable fees and charges;
(b) in US Dollars at rates and pricing established by separate documentation
at the time you engage VBArtistry;
(c) by means and methods established as acceptable by VBArtistry unless
other express arrangements are made in advance; and
(d) within five (5) days of delivery of subject products or services unless
other express arrangements are made in advance.
MATERIALS PROVIDED TO VBArtistry OR POSTED AT ANY VBArtistry WEBSITE
VBArtistry does not claim ownership of the materials you provide to
VBArtistry. Materials supplied in connection with projects for which you
have engaged VBArtistry are subject to the VBArtistry
However, by posting, uploading, inputting, providing, or submitting
materials, including feedback and suggestions, not relevant to active
projects for which you have engaged VBArtistry (each a "Submission" and
collectively "Submissions"), you are granting VBArtistry, its affiliated
companies, and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses (including,
without limitation, all VBArtistry Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate, and reformat your Submission;
to publish your name in connection with your Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. VBArtistry is under no obligation to post or use any
Submission you may provide and VBArtistry may remove or discard any
Submission at any time in its sole discretion.
By providing a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in these
to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by providing
a Submission that contains images, photographs, pictures, or that are
otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that the
copyright owner of such Images has granted you permission to use such Images
or any content and/or images contained in such Images consistent with the
manner and purpose of your use and as otherwise permitted by these Terms of
Use and the Services; (b) you have the rights necessary to grant the
person depicted in such Images, if any, has provided consent to the use of
and not as a limitation, the distribution, public display, and reproduction
of such Images.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE VBArtistry's SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF VBArtistry AND VBArtistry IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. VBArtistry IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. VBArtistry IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
VBArtistry OF THE SITE. USE OF LINKED SITES AND OF MATERIALS OR INFORMATION
THEREAT MAY BE SUBJECT TO SEPARATE APPLICABLE TERMS OR RESTRICTIONS.
You agree that all matters relating to the use of the VBArtistry website,
the Services, and the projects and services for which you have engaged
VBArtistry shall be governed, controlled, interpreted, and defined by and
under the laws of the State of Colorado and the federal laws of the United
States of America applicable therein without giving effect to any principles
of conflicts of laws. You also agree that any action at law or in equity
arising out of or relating to these TOU or your use of the VBArtistry
website, the Services, and the projects and services for which you have
engaged VBArtistry will be filed only in a court located in Denver,
Colorado, USA and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts for the purpose of any
This TOU and any separate documentation setting terms for payment for
products supplied or services rendered constitute the entire agreement between you and VBArtistry
relating to the subject matter hereof and supersede any prior understandings
or agreements (whether oral or written), claims, representations, and
understandings of the parties regarding such subject matter and this TOU may
not be amended or modified except in writing.
NO AGENCY, NO THIRD-PARTY BENEFICIARY
VBArtistry is not your agent, fiduciary, trustee, or other representative.
Nothing expressed or mentioned in or implied from the TOU is intended or
will be construed to give to any person other than the parties hereto any
legal or equitable right, remedy, or claim under or in respect to the TOU.
The TOU and all of the representations, warranties, covenants, conditions,
and provisions hereof are intended to be and are for the sole and exclusive
benefit of VBArtistry and you.
You may not assign, convey, subcontract, or delegate any of your rights,
duties, or obligations hereunder.
If any provision of the TOU is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
arising out of or related to use of the Services or the TOU must be filed
within one (1) year after such claim or cause of action arose or be forever
VBArtistry will not be considered to have waived any of its rights or
remedies described in the TOU unless the waiver is in writing and signed by
VBArtistry. No delay or omission by VBArtistry in exercising its rights or
remedies will impair or be construed as a waiver. Any single or partial
exercise of a right or remedy will not preclude further exercise of any
other right or remedy. VBArtistry's failure to enforce the strict
performance of any provision of the terms and conditions herein will not
constitute a waiver of VBArtistry's right to enforce subsequently such
provision or any other provisions of the TOU.