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- MATERIAL SUBMITTED BY USERS
(b.) Virtual AdTaker does not allow you to post, transmit, display, publish, distribute, or otherwise submit to this Site any Material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- includes articles, illustrations, images, lyrics, photos, videos, poems, text, or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- unfairly interferes with any third party's uninterrupted use and enjoyment of this Site.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose with permission by Virtual AdTaker;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, videos, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
- uploads or transmits viruses or other harmful, disruptive or destructive files;
- disrupts, interferes with, or otherwise harms or violates the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites, "flames" any individual or entity (e.g., sends repeated messages related to another user or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
- impersonates another person;
- is otherwise inappropriate for this Site, in the sole discretion of Virtual AdTaker.
(c.) We reserve the right to remove Guest Books, Guest Book entries, messages, photos, videos, or any other Material that, in our sole and absolute discretion, does not meet the standards described in Sections 2(a.) and 2(b.) above.
You grant Virtual AdTaker, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Virtual AdTaker or post on this Site, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Virtual AdTaker to include the Material you provide in a searchable format that may be accessed by users of this Site and other Web sites. You also grant Virtual AdTaker and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Virtual AdTaker the right to use any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such Information. All rights in this paragraph are granted by you in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you by us or any other person or entity.
Except as specifically authorized by Virtual AdTaker, you may not access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or Material on this Site. Virtual AdTaker reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
ImportantOccasions™ is a trademark of Virtual AdTaker. Such trademarks and other marks, logos, and names of Virtual AdTaker, used on or in connection with this Site may not be used in connection with any product or service that is not under Virtual AdTaker’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Virtual AdTaker. All other trademarks not owned by Virtual AdTaker, or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Virtual AdTaker, or its affiliates.
Virtual AdTaker does not represent or warrant that the information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. Virtual AdTaker assumes no responsibility or liability for any errors or omissions in the content of this Site.
As a courtesy to you, this Site may offer links to other web sites. Some of these sites may be affiliated with Virtual AdTaker, while others are not. Virtual AdTaker is not responsible for the contents of any web site pages created and maintained by organizations independent of Virtual AdTaker. Visiting any such third-party web site pages is at your own risk. Virtual AdTaker has no control of these third-party web site pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party web site pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party web site pages does not constitute or imply an endorsement by Virtual AdTaker. By using this Site you acknowledge that Virtual AdTaker is responsible neither for the availability of, nor the content located on or through any third-party web site pages. No authorization or permission is given for framing or linking to any pages of this Site or any of its content, whether in whole or in part.
Virtual AdTaker is not responsible for the delivery of any goods or services sold or advertised through advertisers on the Site. Virtual AdTaker neither warrants nor represents that your use of this Site will not infringe rights of third parties not owned by or affiliated with Virtual AdTaker. The information, opinions, services, products, and content contained on this Site, including, without limitation, Material submitted by users, text, graphics, and links, are provided on an "AS IS" basis with no warranty. Virtual AdTaker makes no representations or warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Virtual AdTaker, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, OPINIONS, SERVICES, PRODUCTS, AND CONTENT, DISPLAYED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
(a.) In return for access to the Site, you agree that in no event shall Virtual AdTaker be liable to you or anyone claiming through you or on your behalf for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Virtual AdTaker has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Virtual AdTaker also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing this Site, or of your downloading of any materials from this Site. Virtual AdTaker assumes no responsibility or liability arising from the content of this Site, as well as any offsite pages or additional sites linked to this Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein.
(b.) You and Virtual AdTaker agree that the warranty disclaimers and limitations of liability in this Agreement are material, bargained-for, and that they have been taken into account in determining the consideration to be given by each party under this Agreement, with respect to access to the Site.