Terms and Conditions
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VCNetwork LLC ("VCNetwork" or “we,” “us,” “our,” “Company”) operates VCNetwork.co, which is a social commerce platform that allows those that have registered with VCNetwork (our “Members” or “Users” or “Buyers”) to create unique personal profiles online in order to find and communicate with old and new friends, followers, buy or exchange goods or services, and many other useful activities. VCNetwork offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The services offered by VCNetwork include any VCNetwork-branded URL (the "VCNetwork Website" or “this website”), VCNetwork messaging services (including, without limitation, instant messaging, private messaging, and email services), VCNetwork video services, VCNetwork developer services, VCNetwork mobile services, and any other features, content, or applications offered from time to time by VCNetwork in connection with VCNetwork's business (collectively, the "VCNetwork Services"). The VCNetwork Services are hosted in the United States.
By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, buy any products or use any purchased services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Please note that some of our products include services that you purchase that will be provided by third parties (“purchased services”).
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS (The “Marketplace”)
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or purchased services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card or other payment information including crypto wallet address), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
VCNetwork operates differently than most online stores. VCNetwork fulfills the order from other merchants who act as VCNetwork’s suppliers. After you order, VCNetwork will purchase the product and arrange drop shipping to you. At the time you pay, VCNetwork is contractually obligated to fulfill your order subject to availability. Accordingly, some orders may not be fulfilled due to unavailability of the product. If VCNetwork cannot fulfill your order, you will be refunded an amount equivalent in US dollar terms in the same manner that you paid.
If you paid with cryptocurrency, you will be refunded an equivalent amount of the same cryptocurrency unless the cryptocurrency to US dollar rate has decreased. In that instance, you will receive more cryptocurrency. More specifically, you will receive the cryptocurrency equivalent of what you originally spent in dollar terms. For instance, if you paid 1 bitcoin for a product when the exchange rate is one bitcoin for $5,000 USD, and the exchange rate changes to one bitcoin to 1 USD at the time of refund, then you shall receive 5,000 bitcoin as a refund. However, if the exchange rate at the time of refund changes to 1 bitcoin to $20,000 USD, then you will receive 1 bitcoin as a refund. In other words, VCNetwork will absorb the risk of a change in the cryptocurrency to USD exchange rate.
IMPORTANT: The above policy is only in effect in the event VCNetwork cannot fulfill your order. If you return a product or service, you will be refunded an amount in accordance with VCNetwork’s Return Policy. IT IS NOT AS GENEROUS. When you return the product, you rather than VCNetwork bear the risk of any change in the USD to cryptocurrency exchange rate. For instance, in the above example, the event of refund when the cryptocurrency to US dollar exchange rate changes to 1 bitcoin to $20,000 USD, then you will only receive .25 bitcoin. Read our Company’s Return Policy.
Certain products or purchased services may be available exclusively online through the website. These products or purchased services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or purchased services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or purchased services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, purchased services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6(a) - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or crypto wallet address, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 6(b) - VCNETWORK’S RETURN POLICY
Our return policy is different from most online merchants due to our business model. Because we drop ship to you from our suppliers, we cannot offer returns unless our suppliers offer returns. ACCORDINGLY, ALL SALES ARE FINAL WITH NO OPPORTUNITY TO RETURN UNLESS YOU CONFIRM IN WRITING FROM US THAT RETURNS ARE PERMITTED FROM OUR SUPPLIERS.
In instances where you have confirmed that the product can be returned, our policy lasts 15 days. If 15 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. You pay for all returns.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items include but are not limited to downloadable products, any product missing the serial number or UPC, online subscriptions after they have been accessed, gift cards, prepaid game cards, pay as you go (or prepaid) phone cards, some jewelry orders (body jewelry, resized, damaged, or altered), some health and personal care items (damaged seal, used in any amount), grocery products, fresh flowers and live indoor plants, open software, items with special shipping restrictions imposed by the U.S. Department of Transportation, live insects, insect repellent, vitamins and supplements, cleansers and scrubs, clinical skin care products, specially labeled designer apparel, handbags and accessories once security tags are removed, any CD, DVD, VHS tape, software, video games and cassette opened or taken out of the plastic wrap, wine, swimwear that has been worn, used, or has tags/liners removed, medical items, memory foam mattresses opened or taken out of their plastic wrap, ink cartridges, case packs/bulk items, perfumes and fragrances, fragrance gift sets, “as is” and “final sale” items, factory-sealed sports collectible sets, sun care, shaving cream and lotions, soaps, massage lotions and massage oils, nail polish, hand lotions and moisturizer, hair care sets, hair extensions and wigs, feminine hygiene, face creams, face cleansers, face treatments and moisturizers, face, lip and eye makeup, diabetic skin care, deodorants and antiperspirants, shampoos, conditioners and styling products, and clinical skin care products.
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the supplier or manufacturer, instead send it to:
Name: VCNetwork, LLC (VCNetwork.co)
Address: One Park Plaza, Suite 600, Irvine, CA 92614-8609
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, within 15 days.
THIS IS IMPORTANT: You will be refunded in the same manner that you paid. If you paid with cryptocurrency, you will be refunded in the same cryptocurrency. However, you will bear the risk of any change in the dollar to cryptocurrency exchange rate. If the cryptocurrency to US dollar rate has changed against you, you will receive the cryptocurrency equivalent of the dollar amount that you spent. In other words, you will receive less cryptocurrency than you originally spent. For instance, if you paid 1 bitcoin for a product when the exchange rate is one bitcoin for $5,000 USD and you seek a refund in compliance with the terms of the Company’s Return Policy, then you will receive $5,000 USD in bitcoin. If the exchange rate changes to one bitcoin to 1 USD at the time of refund, then you shall receive 5,000 bitcoin as a refund. Alternatively, if the exchange rate at the time of refund changes to 1 bitcoin to $20,000 USD, then you will receive .25 bitcoin as a refund. The Company has a different policy when it provides a refund due to an inability to fulfill the product(s) ordered. Please see Section 5 for the Company policy when it is unable to fulfill the products ordered.
Late or missing refunds
There is often some processing time before a refund is posted. If you have not received your refund more than 15 days after returning the product, please contact us at: info@VCNetwork.co.
Unfortunately sale items cannot be refunded.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email info@VCNetwork.co and send your item to the mailing address stated under the “Shipping” section immediately below.
To return your product, you should mail your product to:
Name: VCNetwork, LLC (VCNetwork.co)
Address: One Park Plaza, Suite 600, Irvine, CA 92614-8609
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and purchased services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, purchased services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our PRIVACY AND COOKIES POLICY.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
WE MAY MODIFY THE POLICY FROM TIME TO TIME AND POST MODIFICATIONS HERE. ANY MODIFICATIONS WILL BE DATED AND WILL TAKE EFFECT TEN (10) DAYS AFTER BEING POSTED. YOUR CONTINUED USE OF THE SITE AFTER TEN (10) DAYS HAVE PASSED FROM ANY MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFICATION.
15. Member Eligibility
Use of the VCNetwork Services and registration to be a Member for the VCNetwork Services ("Membership") is void where prohibited. By using the VCNetwork Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) at least 18 years of age if selling and or purchasing goods or services; (e) you are not a convicted sex offender; and (f) your use of the VCNetwork Services does not violate any Applicable Law. If we believe you have violated our eligibility requirements, we reserve the right to delete your profile and terminate access, and take any action we deem appropriate, in order to maintain the high quality of our service.
You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. VCNetwork may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, VCNetwork reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails, and instant messages (collectively, "messages") offering or contracting for goods or services (if under 18 years of age) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the VCNetwork Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, VCNetwork reserves the right, in its sole discretion, to reassign or rename your profile URL. VCNetwork expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the VCNetwork Services if VCNetwork determines, in its sole discretion, that you have violated this Agreement or pose a threat to VCNetwork, its employees, business partners, Members and/or the public.
17. Fees and Memberships
It is always free to register as a member and user on VCNetwork. However, you acknowledge that VCNetwork reserves the right to charge for any portion of the VCNetwork Services in a number of our features and to change its fees (if any) from time to time in its discretion. If VCNetwork terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments (if any). Specific fees relating to each of the VCNetwork Services can be found on our website under Fees/Memberships.
18. Security and Confidentiality
When you register to become a Member, you will have an account and be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account information. You are fully responsible for all conduct carried out under this password and account. We are not liable for any loss or damages arising from your failure to comply with these terms. WE ARE NOT RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY WITH RESPECT TO YOUR USE OF THIS SITE. You will promptly report any unauthorized use of your password or account to us.
19. Commercial Use by Members
The VCNetwork Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by VCNetwork. VCNetwork reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the VCNetwork Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the VCNetwork Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements or affiliate links that relate to illegal products, products that are of an adult nature or otherwise violate this Agreement, and forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. VCNetwork reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the VCNetwork Services.
VCNetwork does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the VCNetwork Services. After posting your Content on, through or in connection with the VCNetwork Services, you continue to retain any such rights that you may have in your Content, subject to the following limited license.
By posting Content, you grant VCNetwork a non-exclusive (meaning you are free to license your Content to anyone else in addition to VCNetwork) license to use the material, as well as derivative works based on the material, throughout the universe in all media and formats, which is sublicensable (so that VCNetwork is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the VCNetwork Services), and fully-paid and royalty-free (meaning that VCNetwork is not required to pay you or anyone else deriving rights from you for the use on the VCNetwork Services of the Content that you post).
Content you mark "private" will not be distributed by VCNetwork outside the VCNetwork Services and Linked Services. If after we have distributed your Content outside of the VCNetwork Services, you change the Content's privacy settings to "private," we will cease distribution of such "private" Content outside of the VCNetwork Services as soon as practicable after you make the change.
After you remove your Content from the VCNetwork Services we will cease distribution as soon as practicable, and at such a time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the VCNetwork Services, VCNetwork is under no obligation to delete or ask other Members or Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
Nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, to any of our intellectual property rights, or to the intellectual property rights of any content provided by a third party licensor that is not a User or Member (“Third Party Licensor”). Except as otherwise provided within this Agreement, or directly authorized by VCNetwork and/or a Third Party Licensor on the VCNetwork Services (e.g., as part of a promotion that encourages you to download specific content provided by a Third Party Licensor for your use in connection with such promotion) you may not copy, download, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the VCNetwork Services.
The VCNetwork Services contain content of VCNetwork (“VCNetwork Content). VCNetwork Content is protected by copyright, trademark, patent, trade secret and all other applicable laws, and VCNetwork owns and retains all rights in the VCNetwork Content and the VCNetwork Services. In addition, the names, images and other indicia identifying our VCNetwork Services are our proprietary marks and “VCNetwork” is a trademark of VCNetwork Inc. All other copyrights, trademarks and other intellectual property rights referred to in this website belong to their respective owners.
22. User Conduct
You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the VCNetwork Services, or otherwise have the right to grant the license set forth above in Section 8, and (ii) the posting of your Content on, through or in connection with the VCNetwork Services and/or Linked Services does not violate the terms of this Agreement, or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the VCNetwork Services and/or Linked Services.
23. Considerations for Posted Content
Please choose carefully the information that you post on, through or in connection with the VCNetwork Services and that you provide to other Users. You are solely responsible for the Content that you post on, through or in connection with any of the VCNetwork Services, and any material or information that you transmit to other Members and for your interactions with other Users. VCNetwork HAS NO LIABILITY FOR INFORMATION OR MATERIAL YOU POST OR FOR YOUR INTERACTIONS WITH OTHER USERS.
You should be aware that you may be sued if you post statements that are untrue or, even if true, are found to be offensive or objectionable to a reasonable person and which are not of legitimate public concern. There is much debate in the courts as to what can be posted or communicated in this regard. You can also be sued if you post materials that infringe others’ copyright or other intellectual property rights.
VCNetwork may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of VCNetwork violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. VCNetwork assumes no responsibility for monitoring the VCNetwork Services for inappropriate Content or conduct. If at any time VCNetwork chooses, in its sole discretion, to monitor the VCNetwork Services, VCNetwork nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
If you become aware of inappropriate content or misuse of the VCNetwork Services by any person or Linked Service, please contact our team’s ADMIN at “info@VCNetwork.co.”
24. Prohibited Content
Prohibited Content includes, but is not limited to, Content that, in the sole discretion of VCNetwork:
24.1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
24.2. harasses or advocates harassment of another person;
24.3. exploits people in a sexual or violent manner;
24.4. contains nudity, excessive violence, offensive subject matter or link to an adult website;
24.5. solicits or is designed to solicit personal information from anyone under 18;
24.6. publicly posts information that poses or creates a privacy or security risk to any person;
24.7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
24.8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
24.9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
24.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
24.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
24.12. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
24.13. involves commercial activities beyond the simple offering, selling, or exchanging of goods or services and/or sales without prior written consent from VCNetwork such as contests, sweepstakes, barter, advertising, or pyramid schemes;
24.14. includes a photograph or video of another person that you have posted without that person's consent;
24.15. uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
24.16. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
VCNetwork reserves the right to investigate and take appropriate legal action against anyone who, in VCNetwork's sole discretion, violates this provision, including, without limitation, removing the offending Content from the VCNetwork Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
25. Prohibited Activity
Prohibited activity includes, but is not limited to, an activity that, in the sole discretion of VCNetwork constitutes:
25.1. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
25.2. transmitting any chain letters or junk email to other Members. In order to protect our Members from such acts, VCNetwork reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which VCNetwork deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the VCNetwork Services, you acknowledge that you will have caused substantial harm to VCNetwork, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay VCNetwork $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the VCNetwork Services;
25.3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the VCNetwork Services;
25.4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
25.5. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the VCNetwork Services other than your Content which you legally post on, through or in connection with the VCNetwork Services;
25.6. providing or using "tracking" or monitoring functionality in connection with the VCNetwork Services, including, without limitation, to identify other Users' views, actions or other activities on the VCNetwork Services;
25.7. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any VCNetwork page via HTML/CSS or any other means;
25.8. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
25.9. interfering with, disrupting, or creating an undue burden on the VCNetwork Services or the networks or services connected to the VCNetwork Services;
25.10. impersonating or attempting to impersonate VCNetwork or a VCNetwork employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
25.11. for band, comedy, filmmaker and other profiles containing a VCNetwork player, copying the code for your VCNetwork Player and embedding it (or directing others to embed it) anywhere other than in your band profile on VCNetwork;
25.12. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
25.13. selling or otherwise transferring your profile, your email address or URL;
25.14. using or distributing any information obtained from the VCNetwork Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;;
25.15. relaying email from a third party's mail servers without the permission of that third party;
25.16. using invalid or forged headers to disguise the origin of any Content transmitted to or through VCNetwork's computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
25.17. using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the VCNetwork Website for the purposes of sending unsolicited or unauthorized material;
25.18. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
25.19. using the VCNetwork Services in a manner inconsistent with any and all Applicable Law.
VCNetwork reserves the right to investigate and take appropriate legal action against anyone who, in VCNetwork's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities.
26. Protecting Copyrights and Other Intellectual Property
VCNetwork respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is VCNetwork's policy to terminate, in appropriate circumstances, the membership of repeat infringers.
The agent to receive notifications of claimed infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) is as follows:
Name: VCNetwork, LLC (VCNetwork.co)
Address: One Park Plaza, Suite 600, Irvine, CA 92614-8609
Upon receiving a notice that substantially complies with the DMCA requirements and provides us with actual knowledge of infringement or facts or circumstances from which infringing activity is apparent, we will expeditiously remove or disable access to the material in accordance with the DMCA. Note that the DMCA provides that any person who knowingly misrepresents that material, or whose activity is infringing, is liable for damages, including costs and attorneys’ fees.
VCNetwork provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact VCNetwork at info@VCNetwork.co.
27. Third Party Linked Services
This website may contain links to other websites that are independent of this website (“Linked Services”). Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your VCNetwork profile or shared with other Users on the VCNetwork Services or which may link to your VCNetwork account from outside of the VCNetwork Services. Linked Services may use your VCNetwork profile information, friends and/or other profile content on the Linked Service and share activity events between VCNetwork and the Linked Service (depending on the features the Linked Service chooses to make available).
When you engage with a Linked Service, you are interacting with the third party, not with VCNetwork. VCNetwork is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). Nor shall the existence of any link to another Web site be construed as an endorsement of that Linked Service, or of the information, products or services described.
If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the PRIVACY AND COOKIES POLICY and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. VCNetwork encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.
WE ARE NOT RESPONSIBLE FOR ANY OF THE CONTENT OF THIRD PARTY LINKED SERVICES OR FOR ANY DAMAGE SUSTAINED BY YOUR USE OF THOSE SITES.
28. Limited License to Use Virtual Items and/or VCNetwork Credits ($CLC)
VCNetwork, by allowing you to use the VCNetwork Services, is transferring no ownership in any property whatsoever to the Member or User. VCNetwork is only providing a limited license for the use of your account and the related items offered by VCNetwork, including the use of VCNetwork Credits ($CLC), a Virtual Item used to interact on VCNetwork’s platform, to play games offered by VCNetwork or third parties, and to trade for certain items that VCNetwork provides or allows to be provided in exchange for VCNetwork Credits, or other Virtual Items.
VCNetwork will limit the amount of Virtual Items in any user’s account to a maximum value of $100. VCNetwork will also limit the shipping on any item provided in exchange for the Virtual Item(s) to the home country of the exchanging user or to the country that originated the funds. VCNetwork prohibits transfers of Virtual Items to others and any such transfers are void and may be reversed or the Virtual Items deleted and/or your account terminated without notice or compensation. VCNetwork always reserves the right at any time and without notice to limit the type of account that can be used to purchase the Virtual Items, to change those types of accounts, and to move or remove Virtual Items from any account that is not currently allowed to purchase Virtual Items.
How VCNetwork’s Virtual Items Work:
You are provided a limited license to use VCNetwork’s Virtual Items by setting up an account and taking any action by which VCNetwork, or a third-party designated by VCNetwork, provides Virtual Items. In order to “purchase” Virtual Items, or to exchange Virtual Item for anything else, you must provide the information requested by VCNetwork which may include your date of birth, name, phone number, banking or other payment information, and address (this information will be governed by VCNetwork’s PRIVACY AND COOKIES POLICY). If VCNetwork Virtual Items are purchased through any platform other than VCNetwork you will be subject to the terms and conditions of that platform as well as VCNetwork’s Terms and Conditions and Rules.
How VCNetwork Credits ($CLC) Work:
VCNetwork credits are an in-app Ethereum-based ERC20 utility token. They will not be sold at any point and will only be rewarded through usage of the platform. VCNetwork Credits use cases will include but are not limited to:
29. Member Disputes
You are solely responsible for your interactions with other VCNetwork Users, third party developers or any other parties with whom you interact through the VCNetwork Services and/or Linked Services. VCNetwork reserves the right, but has no obligation, to become involved in any way with these disputes.
Use of the VCNetwork Services is also governed by our PRIVACY AND COOKIES POLICY, which is incorporated into this Agreement by this reference.
VCNetwork performs technical functions necessary to offer the VCNetwork Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the VCNetwork Services. In addition, you agree and acknowledge that VCNetwork may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the VCNetwork Services. You can control what type of communications you receive from the VCNetwork Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
VCNetwork reserves the right to limit the storage capacity of Content that you post on, through or in connection with the VCNetwork Services.
32. No Representations or Warranties
VCNetwork is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the VCNetwork Services or Linked Services, by Users of the VCNetwork Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of VCNetwork. We make no commitment to correct or update what is contained in this website. However, we reserve the right to modify, alter, discontinue or delete the VCNetwork Services or Linked Services or User Content without prior notice.
TO THE FULL EXTENT PERMITTED BY LAW, THE VCNetwork SERVICES AND LINKED SERVICES, GOODS AND INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. YOU HEREBY WAIVE ALL SUCH WARRANTIES.
In addition to the those disclaimers previously stated herein, VCNetwork is not responsible for any damage, injury or loss caused by Users of the VCNetwork Services or by any of the equipment or programming associated with or utilized in the VCNetwork Services or Linked Services.
VCNetwork is not responsible for the conduct, whether online or offline, of any User of the VCNetwork Services or Linked Services. VCNetwork assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
VCNetwork is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the VCNetwork Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the VCNetwork Services or Linked Services.
Under no circumstances shall VCNetwork be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from the use of the VCNetwork Services or Linked Services, attendance at a VCNetwork event, from any User Content posted on or through the VCNetwork Services or Linked Services, or from the conduct of any Users of the VCNetwork Services, whether online or offline.
34. Limitation on Liability
IN NO EVENT SHALL VCNetwork – OR OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGN - BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, COST OF COVER OR LOST PROFIT DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES, GOODS, CONTENT OR OTHER MATERIALS PROVIDED OR MADE AVAILABLE, OR USE OF ANY VCNetwork SERVICE OR LINKED SERVICE.
THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANDY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA.
VCNetwork'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VCNetwork FOR THE VCNetwork SERVICES DURING THE TERM OF MEMBERSHIP.
EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
35. U.S. Export Controls
Software available in connection with the VCNetwork Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the VCNetwork Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
THE AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. ANY LITIGATION OR ARBITRATION ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE JURISDICTION AND IN THE VENUE PROPER FOR AN INDIVIDUAL RESIDING IN SAN FRANCISCO, CALIFORNIA. EACH OF THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A CHANGE IN JURISDICTION OR VENUE AND ANY AND ALL OBJECTIONS TO SUCH JURISDICTION AND VENUE.
EACH OF THE PARTIES EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold VCNetwork, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the VCNetwork Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the VCNetwork Services. We may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such an event.
38. Integration, Severability, Waiver
If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
SECTION 39 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 40 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 41 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 42 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 43 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 44 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.
SECTION 45 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 46 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@VCNetwork.com.
(Last updated in July 2020)