vland's Terms Of Use
governing use of this site and its services
Last Revised: March 05, 2011
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This website (this “Site”) is owned and operated by vLand Ltd., A Hungarian limited liability company chartered and based in Budapest.(“vLand”).
If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:
vLand Ltd / Hungary
Legal Department
Company registration number:: 01-09-914981
Tax number:: 14681400-2-41
Bank Account(IBAN): Raiffeisen Bank HU98120106590114540700100003
Address: Üteg u. 19 1139, Budapest
Mobil: +36 30 7561436
These Terms of Use (these “Terms of Use”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.
Whether you are simply browsing this Site or are a vLand customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the following policies and agreements, which are incorporated herein by reference:
· vLand's Privacy Policy
· vLand's Anti-Spam Policy
· Dispute On Transfer Away Form
· Uniform Domain Name Dispute Resolution Policy
· ICANN Registrar Transfer Dispute Resolution Policy
· Trademark and/or Copyright Infringement Policy
I. General:
1. The terms “we”, “us” or “our” shall refer to vLand. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
2. vLand, in its sole and absolute discretion, may change or modify these Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
3. You acknowledge and agree that:
(i) vLand may notify you of such changes or modifications by posting them to this Site and
(ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised.
If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.
5. This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.
By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or
(ii) otherwise recognized as being able to form legally binding contracts under applicable law.
6. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.
7. If, after your agreement to these Terms of Use, vLand finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use.
8. Vland shall not be liable for any loss or damage resulting from vLand's reliance on any instruction, notice, document or communication reasonably believed by vLand to be genuine and originating from an authorized representative of your corporate entity.
Accounts at vLand
9.In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”).
10. You represent and warrant to vLand that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.
11.If vLand has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, vLand reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
12. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN.
You must notify vLand immediately of any breach of security or unauthorized use of your Account. vland will NOT be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss vland hers incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
II. GENERAL RULES OF CONDUCT
13. Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. Furthermore, You acknowledge and agree that:
1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
4. You will not use this Site or the Services found at this Site in a manner (as determined by vLand in its sole and absolute discretion) that:
· Is illegal, or promotes or encourages illegal activity;
· Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
· Promotes, encourages or engages in child pornography or the exploitation of children;
· Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
· Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
· Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
· Infringes on the intellectual property rights of another User or any other person or entity;
· Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
· Interferes with the operation of this Site or the Services found at this Site;
· Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
· Contains false or deceptive language, or unsubstantiated or comparative claims, regarding vLand or vLand’s Services.
14. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage
(a) ideas, opinions, recommendations, or advice (“User Submissions”), or
(b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).
15. By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to vLand that
(i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and
(ii) you do not violate the rights of any third party.
16. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site
17 .If you have a website hosted by vLand or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.
III. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
18.vLand generally does not pre-screen User Content (whether posted to a website hosted by Land or posted to the Easy Site Builder or this Site). However, vLand reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use.
19. Vland may remove any item of User Content (whether posted to a website hosted by vLand or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by vLand in its sole and absolute discretion), at any time and without prior notice.
20. vLand may also terminate a User’s access to this Site or the Services found at this Site if vLand has reason to believe the User is a repeat offender.
21. If vLand terminates your access to this Site or the Services found at this Site, vLand may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
IV. Suspension of Account for Non Payment
22. Some of the services on this site require monthly payment, which means payment as per the our invoice to be paid at the 1st of each month.
23. If no payment is made, then you account will be suspended 60 days after such non payment occurs. En Email will be sent to you, informing you about this suspension.
24. Your site will be reactivate if payment is made for all due accounts, plus activation fee of 5 Euros.
V. ADDITIONAL RESERVATION OF RIGHTS
25. vLand expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by vLand in its sole and absolute discretion), including but not limited to the following:
(i) to correct mistakes made by vLand in offering or delivering any Services (including any domain name registration),
(ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry,
(iii) to assist with our fraud and abuse detection and prevention efforts,
(iv) to comply with applicable local, state, national and international laws, rules and regulations,
(v) to comply with requests of law enforcement, including subpoena requests,
(vi) to comply with any dispute resolution process,
(vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
(viii) to avoid any civil or criminal liability on the part of vLand, its officers, directors, employees and agents, as well as vLand’s affiliates.
26. vLand expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
VI. LINKS TO THIRD-PARTY WEBSITES
27. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by vLand. vLand assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.
28. In addition, vLand does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release vLand from any and all liability arising from your use of any third-party website.
VII. DISCLAIMER
29. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”
VIII. LIMITATION OF LIABILITY
30. IN NO EVENT SHALL vLand, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
· (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
· (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
· (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
· (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
· (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
· (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
· (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE, including our webhosting service, Easy Site Builder, Maintanance tickets or any other system.
IX. INDEMNITY For Damage Resulting From Your Account
31. You agree to protect, defend, indemnify and hold harmless vLand and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by vLand directly or indirectly arising from
(i) your use of and access to this Site or the Services found at this Site;
(ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
X. vLand Content Copyright Notice
32. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to vLand in perpetuity, and are subject to copyright, trademark, and/or patent protection in the European Union and foreign countries, and other intellectual property rights under international law.
XI. SUCCESSORS AND ASSIGNS
33. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
XII. COMPLIANCE WITH LOCAL LAWS
34. vLand makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.
35. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
XIII. GOVERNING LAW; JURISDICTION; VENUE;
35. Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy, these Terms of Use shall be governed by and construed in accordance with the law of the European Union without regard to conflict of laws principles.
36. You agree that any action relating to or arising out of these Terms of Use shall be brought in the court of Budapest, Hungary.
