TERMS OF USE
Effective September 18, 2008
Please read this web page carefully. It contains the terms and conditions
governing your access to and use of VanessaWilliams.com (the “Web
Site”). If you do not accept these Terms of Use or you do not meet
or comply with these provisions, you may not use the Web Site. This
Agreement is made between Batir Entertainment, Inc. d/b/a Rita B. Management
and Mellian Group, Inc. (collectively the “Owner”), on the one hand,
and the Web Site visitor (“you”), on the other hand. Owner reserves
the right to change the terms of this Agreement at any time. Any such
changes Owner makes will be effective immediately upon the posting of
the changes on the Web Site. Your use of the Web Site after such revision
will be deemed acceptance of such changes so it is important to review
this Agreement periodically for the most current version. You acknowledge
that these terms of use are supported by reasonable and valuable consideration,
the receipt and adequacy of which are hereby acknowledged. Please be
advised that additional terms and conditions may apply to purchases
of goods or services, and you will be informed at the time of purchase.
General Use Rules. You agree to use the Web Site only for lawful purposes.
The Owner is the sole interpreter of the Web Site’s intended and acceptable
use. You must be at least 13 years of age to use the services available
on the Web Site. If you are between the ages of 13 and 18, you may use
the services with the consent and involvement of your parent or legal
guardian. By using the services available on the Web Site, you represent
and warrant: (i) that you are at least 18 years of age or (ii) that,
as parent or guardian, you agree to these terms and our Privacy Policy
and authorize your child who is between the age of 13 and 18 to use
this Web Site and the available services, subject to your responsibility
for their conduct.
Owner reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Web Site is void where prohibited. If you choose to access the Web Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
License to Use Web Site. The Owner hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, and revocable license to use the services and/or the materials available on the Web Site for personal, noncommercial use only, subject to the restrictions in this Agreement.
Privacy Policy. Please read the Web Site’s Privacy Policy (URL: www.vanessawilliams.com), which is hereby incorporated by reference. The Privacy Policy discusses and governs our collection and use of any information that is submitted to, or collected by, us. You understand that through your use of the services available on the Web Site, you consent to the collection and use (as set forth in the Privacy Policy) of registration data and certain other information about you.
Intellectual Property Rights. This Web Site is protected by copyrights, trademarks and/or other proprietary rights, and except as specifically provided in this Agreement, your use of the Web Site and its services shall be governed and constrained by applicable copyright, trademark and other intellectual property laws, in addition to this Agreement. You specifically agree that the Owner or its third-party licensors’ own all intellectual property rights in and to the content offered on the Web Site (regardless of whether those rights are registered). All rights are herein expressly reserved.
User Conduct.
Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Web Site (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. You understand that Owner does not control, and is not responsible for Content made available through this Web Site, and that by using this Web Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Owner be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Web Site.
User Submitted Content. Owner does not claim ownership to the Content you provide to the Web Site (including feedback and suggestions) or post, upload, input or submit to the Web Site. However, by posting, uploading, inputting, providing or submitting your Content, you are granting Owner and its licensors a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to use your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; publish your name in connection with your Content; and sublicense such any such rights. No compensation will be paid with respect to the use of your Content as provided herein. Owner is under no obligation to post or use any Content you may provide, and Owner may remove any Content at any time in its sole discretion. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.
Owner is not responsible for any user’s Content that may appear on the Web Site; nor is Owner responsible for or involved in reviewing, editing, or removing any Content on this Web Site. Owner also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. Owner does not assume any liability associated with a user’s use of the Web Site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws.
By submitting contributions to the Web Site, including, ideas, suggestions, documents, music or lyrics, and/or proposals of any kind, you acknowledge and agree that: (a) your contributions do not contain any confidential or proprietary information belonging to another; (b) Owner is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) Owner shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Owner may have something similar to the contributions already under consideration or in development; (e) your contributions automatically become the property of Owner without any obligation of Owner to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Owner under any circumstances.
General Rules of Conduct. Owner asks that each User respect
one another and the Owner by following these general rules of conduct.
You shall not:
- a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise deemed by us to be objectionable;
- b. harm minor in any way or act in any way predatory toward minors;
- c. impersonate any person or entity, including, but not limited to, Owner, Vanessa Williams, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. manipulate identifiers in order to disguise the origin of any Content transmitted through to the Web Site;
- e. upload, email, post, or otherwise make available any Content that you do not have a right to make available, including without limitation, any Content that infringes any patent, trademark, copy right, trade secret or other proprietary rights of another party;
- f. upload, email, post, or otherwise make available any unsolicited or unauthorized advertising, promotional advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- g. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to enjoy the services of the Web Site;
- h. interfere with or disrupt the Web Site, its services, or servers;
- i. intentionally or unintentionally violate any applicable local, state, national or international law.
- j. stalk or otherwise harass another, and/or;
- k. collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein.
Monitoring the Web Site. You agree that Owner may or may not screen Content, but that Owner and its designees shall have the right (but not the obligation) in their sole discretion to screen, refuse or remove any Content that is available via the Web Site. Without limiting the foregoing, Owner and its designees shall have the right to remove any Content that violates these terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Owner has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over the Web Site, or (d) other Content maintained or transmitted by the Web Site.
Notice and Procedure for Making Claims of Copyright or Intellectual
Property Infringement. Owner respects the intellectual property of
others, and asks its Users to do the same. Owner may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts
of users who may be repeat infringers. If you believe that your work
has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please
provide Owner with the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the Web Site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
Owner’s agent for notice of claims of copyright or other intellectual
property infringement can be reached as follows:
Rita B. Management
P.O. Box 2763
Toluca Lake, CA 91610
Termination. You agree that Owner may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Web Site’s services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Web Site or its services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Web Site’s services. Termination of your account includes (a) removal of access to all offerings within the Web Site and its services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Web Site and its services. Further, you agree that terminations for shall be made in Owner's sole discretion and that, except as explicitly provided herein, Owner shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Web Site or its services. Upon any termination of this Agreement, you shall immediately discontinue use of the Web Site and its services
Links. The Web Site may provide, or third parties may provide, links to other web sites. Owner has no control over such sites, therefore, you acknowledge and agree that Owner is not responsible for the availability of such external sites or resources, and doe not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Owner 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 use of or reliance on any such Content, goods, or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE WEB SITE AND ITS
SERVICES IS AT YOUR SOLE RISK. THE WEB SITE AND ITS SERVICES, INCLUDING
BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION,
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OWNER (INCLUDING,
WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS,
DISTRIBUTORS, OR ANY CLIENT OF OWNER (COLLECTIVELY, “OWNER THIRD PARTIES”))
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY
OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION
SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, OWNER AND OWNER
THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL
CONTENT. NEITHER OWNER NOR ANY OWNER THIRD PARTIES MAKE ANY WARRANTY
THAT THIS SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT
ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS,
OR THE SERVICES WILL BE CORRECTED; NOR DO OWNER OR ANY OWNER THIRD PARTIES
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE
OF THE SERVICES OR THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEB SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY
TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY. IN NO EVENT SHALL OWNER OR ANY RELATED THIRD
PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING
FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING
OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE WEB SITE, ITS
SERVICES, ANY WEBSITES LINKED TO THE WEB SITE, THE MATERIALS, SOFTWARE
OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED
ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS
OR INFORMATION FROM THE WEB SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF
ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER
EXCEED $100.00 OR THE TOTAL FEES YOU PAID TO US IN DURING THE 3 MONTH
PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS
GREATER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO
DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER
THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE WEB SITE OR ITS SERVICES, YOU USE OF THE WEB SITE OR ITS SERVICES, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
General Information.
Entire Agreement. The Terms of Use constitutes the entire agreement between you and Owner and governs your use of the Web Site and its services, superseding any prior agreements between you and Owner with respect to the Web Site and its services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of use and the relationship between you and Owner shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Owner agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York.
Waiver and Severability of Terms. The failure of Owner to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site, its services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Violations. Please report any violations of the Terms of Use to Rita B. Management, P.O. Box 2763, Toluca Lake, CA 91610 (email: info@vanessawilliams.com)
