TERMS OF USE |
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Welcome to www.shadesofday.com! This site is owned and operated by VM Productions and materials on the site are primarily owned by the site and may also include materials owned by third parties and posted on the site by virtue of a license, grant or some other form of agreement between the third party. The use of this site and the content contained therein is governed by the Terms of Use. When you use this site you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms hereof and such terms as may be modified from time to time. 1. The content provided on this site is for information purposes alone and does not substitute for specific advice. We disclaim all liability for damages caused by use of content on the site. VM Productions has exercised due diligence in checking the correctness and authenticity of the information contained in the site, but VM Productions or any of its affiliates or associates or employees shall not in anyway be responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in the site. The information from or through this site is provided "AS IS " or "AS AVAILABLE", and all warranties expressed or implied of any kind, regarding any matter pertaining to the site, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. VM Productions and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. 2. All materials contained in this site are protected by international trademark and copyright laws and unless specified otherwise, must only be used for personal, non-commercial purposes. The content on the site may be downloaded provided the material is kept intact, and there is no violation of the copyrights, trademarks, and other proprietary rights (all copyright and other proprietary notices must be attached to the downloaded material). Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of VM Productions and/or its affiliates or associates or of its third-party information providers. Unless expressly permitted by the site, this material cannot be modified, copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for non-personal use or without obtaining the prior permission from VM Productions. No content or information on the site may be transferred, sold or derivatives made for commercial use. All responsibility and liability for any damages caused by downloading of any data is disclaimed. VM Productions reserves the right to modify, suspend/cancel, or discontinue any or all materials, or service at any time without notice. VM Productions reserves the right to make modifications and alterations in the information contained on the site without notice. 3. VM Productions or its representatives, affiliates or associates or its employees do not provide any judgement or warranty in respect of the authenticity or correctness of the content of other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the site. Shadesofday.com is not responsible for the availability of these external sites or resources. 4. You agree to defend, indemnify and hold harmless VM Productions its representatives, affiliates, employees, successors, assigns, licensees, grantees or agents from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Terms of Use or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. 5. This Terms of Use constitute an Agreement between you and VM Productions and as a such shall be governed by the laws of the state of California, without giving effect to principles of conflict of laws thereof. The Agreement operates to the fullest extent permissible by law. If any of its provisions are held to be invalid, illegal or unenforceable, the remaining portions of the terms of use shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term will be amended and limited to the extent necessary to permit the maximum enforceability and/or validation of such term or provision under applicable law. You further irrevocably waive any right you may have to trial by jury in any dispute, action or proceeding related to this Site. Any controversy or claim arising out of or relating to this agreement, your use or non-use of the Site shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. 6. VM Productions may run contests and other promotions on the site. To participate in these contests, users might have to fill a form, which asks them for personal information to notify winners and verifying entries. If the contest is being administered/sponsored by a third party, this information will be disclosed to that third party. In those instances, the third party will be instructed by the shadesofday.com to use the personally identifiable information only for the specific promotions and/or contest related purpose for which it was requested. All contests are subject to the applicable contest rules. The promotions and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. Please address your questions or comments regarding these Terms of Use, or problems with this Site to the manager at vmproductions@shadesofday.com
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