VeraSprite Privacy Policy

VeraSprite Terms of Service

By using the VeraSprite site, (the “Site”) you agree to be bound by these Terms of Service (this “Agreement”) between you and the operator of this Site, Avaworks, Inc. (“VeraSprite” or “us” or “we”). If you wish to make use of the VeraSprite service (the “Service”), please read these Terms of Service. If you object to anything in this Agreement or the VeraSprite Privacy Policy, do not use the Site or the Service. The Terms of Service are subject to change by VeraSprite at any time, effective upon posting on the VeraSprite Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

Eligibility and Accuracy. You must be at least eighteen (18) years of age to use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. All information you provide must be accurate, current and complete.

Privacy. Use of the Site and/or the Service is also governed by our Privacy Policy.

Term. This Agreement will remain in full force and effect while you use the Site. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Content on VeraSprite. VeraSprite owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of VeraSprite, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Prohibited Activities. VeraSprite reserves the right to investigate and terminate your access if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by VeraSprite without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service or the Site, without VeraSprite's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to VeraSprite or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or cause others to do so.

Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VeraSprite has no control over such sites and resources, you acknowledge and agree that VeraSprite is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that VeraSprite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Modifications to Service. VeraSprite reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VeraSprite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. VeraSprite's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, c/o VeraSprite 3015 Main Street Suite 450, Santa Monica, CA 90405

Disclaimers. VeraSprite is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, or by any of the equipment or programming associated with or utilized in the Service. VeraSprite is not responsible for the conduct, whether online or offline, of any user of the Site. VeraSprite 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, user communications. VeraSprite 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 email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will VeraSprite or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to users, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided “AS-IS” and VeraSprite expressly disclaims any warranty of fitness for a particular purpose or non-infringement. VeraSprite cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

Indemnity. You agree to indemnify and hold VeraSprite, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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 above.

Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will VeraSprite be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Service, even if VeraSprite has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, VeraSprite'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 VeraSprite for the Service.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of any such dispute.

General. These Terms of Service (and any further policies or documents incorporated by reference herein) constitute the entire understanding between VeraSprite and users of the Site and VeraSprite Services concerning the subject matter hereof and may not be modified except by revised Terms of Service posted by VeraSprite. These Terms of Service, which may be modified or amended by VeraSprite from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Service will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Service will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly. No failure or delay by VeraSprite in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.