Terms of Use

ACCEPTANCE OF TERMS

The services that VBArtistry provides to you are subject to the following Terms of Use ("TOU"). 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 the "Terms of Use" text hyperlinks located at the bottoms of our web pages.

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, software, 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

See the Privacy Policy disclosures relating to the collection and use of your 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 NON-INFRINGEMENT.

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 VBArtistry SOFTWARE PRODUCTS.

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 Services.

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 Privacy Policy. 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 Terms of Use including, without limitation, all the rights necessary for you 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 licenses and sublicenses described in these Terms of Use; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, 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.

APPLICABLE LAW

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 such action.

ENTIRE AGREEMENT

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.

NO ASSIGNMENT

You may not assign, convey, subcontract, or delegate any of your rights, duties, or obligations hereunder.

SEVERABILITY

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.

LIMITATION

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 barred.

NO WAIVER

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.

Date: 08-Mar-2012