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Legal Info

INTRODUCTION
VinnyMac Productions makes this website (the “Site”), including all information, documents, text, directories, data, icons, communications, files, photos, video, graphics, music, sound, software, and services available through the Site (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document and any changes to this document that VinnyMac Productions may publish from time to time (collectively, the “Terms of Use”).


ACCEPTANCE OF TERMS THROUGH USE
By accessing or using this Site in any way, including, without limitation, using or downloading any Content, or merely browsing the Site, you agree to and are bound by the Terms of Use. If you do not agree to these Terms of Use please do not use this Site. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Content downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.


PROPRIETARY RIGHTS
You acknowledge and agree that all Content available on this Site is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, VinnyMac Productions owns a copyright in the selection, organization, arrangement and enhancement of the Content, as well as in the Content original to itself. Third parties whose Content appears on the Site own the copyright in the Content original to them. The look and feel of the Site, including our color combinations, button shapes, and other graphical elements, also are VinnyMac Productions trademarks.


USE OF THIS WEBSITE
This Site and its Content are provided for your personal informational and entertainment use only and may only be used for lawful purposes. By using this Site, you agree not to reproduce, republish, display, frame, download, transmit, modify, rent, loan, sell, assign, distribute, reverse engineer, adapt, edit, or create derivative works based on the Site or its Content, except as expressly authorized herein. You also agree that you will not store, reproduce, transmit, publicly display, publicly perform, distribute, publish, broadcast or otherwise make available the Content, including without limitation the radio, TV, or other audio visual content directory listings available on and through this Site (collectively, the “Directory”), or any portion of the Directory, whether electronically or in any other form, and whether for commercial purposes or any purpose other than your own personal use, unless approved in writing by VinnyMac Productions. Any portion of the Directory which is downloaded or otherwise reproduced from this website may be retained only for a temporary period of time. Systematic retrieval of data or other content from the Directory or other use of such data and other Content, directly or indirectly, to create or compile a collection, database or directory without written permission from VinnyMac Productions is prohibited and you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

You may not post on or transmit through any community, upload or download areas of the Site any Content that (i) violates or infringes in any way upon the rights of others, including without limitation copyrights and trademarks, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense, (iv) gives rise to civil liability or (v) otherwise violates any law. You are responsible for determining whether posting or transmitting any particular Content violates any of the provisions above or any laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any Content you upload, post or submit. You also may not undertake any conduct that, in the judgment of VinnyMac Productions, restricts or inhibits any other user from using or enjoying the Site, including without limitation, the community areas.

You may not harvest or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk e-mail or instant messages.

Some of the features of this Site, such as forums, require registration. You agree to provide only accurate, complete and updated registration information, and you agree to keep such information current. You may not select and use a user name that impersonates another person or entity, belongs to another person, violates the intellectual property rights of any person or entity, or that VinnyMac Productions considers offensive.

The use of some of the features and all of the software available on this Site is governed by separate terms of use and/or licenses. You are not authorized to use such features or software unless you agree to abide by the applicable terms/license.


MONITORING
VinnyMac Productions has the right, but not the obligation, to monitor the Content of the Site, including without limitation the community, upload and download areas, to determine compliance with the Terms of Use and any other operating rules that may be established by VinnyMac Productions from time to time. VinnyMac Productions has the right in its sole discretion to edit, refuse to post or remove any Content submitted to or posted on the Site. Without limiting the foregoing, VinnyMac Productions has the right, but not the obligation, to remove any Content that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Users shall remain solely responsible for the Content they post or submit. You acknowledge and agree that VinnyMac Productions shall not assume or have any liability for any action or inaction with respect to any conduct within the community areas or any communication or posting in the community areas.


THIRD PARTY SITES, SOFTWARE, AND CONTENT
This site may produce automated search results, directory links, or otherwise link you to other locations available through the Internet. These locations may contain or broadcast information or material that some people may find inappropriate, offensive or otherwise objectionable. These other locations are not under the control of VinnyMac Productions, and you acknowledge that VinnyMac Productions is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or broadcasts from such locations. VinnyMac Productions does not pre-screen the broadcaster channel listings or related content available through the Directory or the content available through the music or video search results and VinnyMac Productions makes no representations or warranties regarding such channel listings, search results or content. The inclusion of such a link does not imply endorsement of the site or broadcast by VinnyMac Productions or any association with its operators. You should direct any concerns to such external site’s administrator or webmaster. This Site also may make third party software or other materials available for download. VinnyMac Productions does not create, endorse, or sponsor such third party materials, and if you download any such third-party materials that we index or support, you do so completely at your own risk. If you plan to download any software or other materials, please be sure to read the copyright and licensing information first.


USER’S GRANT OF LIMITED LICENSE
By posting or submitting content to this Site, you: Grant VinnyMac Productions the worldwide, royalty-free, perpetual, and non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content in any form, anywhere and for any purpose; and
Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by VinnyMac Productions will not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
VinnyMac Productions respects the intellectual property of others, and we ask our Content providers to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify VinnyMac Productions by providing our copyright agent the following information:

An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
Identification of the URL or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A 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.

VinnyMac Productions agent for notice of claims of copyright infringement on this site can be reached as follows:

Legal Agent: Vince Sparzak
Phone: (804)-859-0108
Email: vsparzak@vinnymac.org


PRIVACY
The VinnyMac Productions Privacy Policy explains how your information is collected and used and the choices you have with that information. You consent to VinnyMac Productions using your registration information and other information collected on this Site under the terms of the VinnyMac Productions Privacy Policy.

DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. VINNYMAC PRODUCTIONS, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL VINNYMAC PRODUCTIONS OR ITS RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE “VINNYMAC PRODUCTIONS GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VINNYMAC PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE VINNYMAC PRODUCTIONS GROUP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE VINNYMAC PRODUCTIONS GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.

INDEMNIFICATION
Upon a request by VinnyMac Productions, you agree to defend, indemnify, and hold harmless VinnyMac Productions and its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this Site in a manner not in strict conformance with these Terms of Use. VinnyMac Productions reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VinnyMac Productions in asserting any available defenses.

INTERNATIONAL USE
VinnyMac Productions makes no representation that Content on this Site is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and VinnyMac Productions with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and VinnyMac Productions with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION
VinnyMac Productions reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

USERS OF VINNYMAC PRODUCTIONS
When you register at our site and use services of VinnyMac Productions, we collect certain information about you. To login, we ask for your email address, username and password. We collect this information in order to verify access rights to access-restricted services, deliver to you services that you requested, send you any newsletters that you register for, updates and information about our products, to respond to your questions and to allow you to use our web forums. If you choose to set up a profile or participate in a forum, we will ask you for other information including a signature, your homepage, your ICQ number, your AIM screen name, your state, zip code, country, year of birth, and gender. This information is not required to participate.

We do not keep track of where you personally go on our site. We do use information about how members use our site on an anonymous, aggregated basis. We use this information so that we can understand how visitors are using the site and to improve it.

SHARING OF INFORMATION
We will never share information about you with third parties.

COOKIES
VinnyMac Productions uses cookies to improve your experience on our site. Cookies are small text files placed on your computer through your browser when you visit a web site. Cookies are also used by VinnyMac Productions to recognize and authenticate users when they return to our site.

CHILDREN ON VINNYMAC PRODUCTIONS WEBSITES
Sites owned by VinnyMac Productions are not designed for children under age 18. We recommend that children under 18 ask their parents for permission before using this site.

LEGAL DISCLOSURE
VinnyMac Productions sites were designed in such a way so that we would not regularly record or track the habits of our individual users. However, in certain situations such as the receipt of a subpoena or court order, we may be required to share information about your account.

SECURITY
VinnyMac Productions is committed to securely maintaining any information that you provide to us. We use state of the art technology in order to store all user information in secure databases. While we make every effort to keep this information secure, we cannot guarantee that the security measures we take will prevent third parties from illegally obtaining your information.

PRIVACY CHANGES
If we decide to change our privacy policy, we will post the changes here so that you will always know what information we collect about you, how we use it and whether it is shared with anyone.

Last Updated: November 26, 2008.