LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use VLT and be bound by the TOU, or (2) use VLT on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use VLT in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from VLT, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with VLT, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect VLT content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of VLT’s policies or rules. You agree not to abuse VLT’s flagging or reporting processes. You agree not to collect VLT user information or interfere with VLT. You agree that we may moderate VLT access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available VLT or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide VLT, (iii) combine or integrate VLT or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects VLT or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use VLT or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
COPYRIGHT AND TRADEMARKS. All content is Copyright © VANLIFETRADER LLC or the original author(s) of submitted material.NO IMAGES MAY BE REPRODUCED, MODIFIED, OR OTHERWISE USED IN ANY WAY WITHOUT THE EXPRESSED WRITTEN CONSENT OF VANLIFETRADER LLC.All product and company names mentioned herein are not endorsed by this site and they, in turn, do not endorse or support this site in any way. Any rights not expressly granted herein are reserved.
LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting VLT users’ information, including personal or identifying information – $100 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of VLT without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of VLT – $5,000 per violation; (D) posting or attempting to post Prohibited Content – $100 per violation; (E) posting or attempting to post Prohibited Content in any paid section of VLT – $100 per violation; (F) sending an unauthorized/unsolicited email to an email address obtained from VLT – $250 per violation; (G) using VLT user information to make/send an unauthorized/unsolicited text message, call, or communication to a VLT user – $500 per text/call/communication; (H) creating a misleading or unlawful VLT account or buying/selling a VLT account – $400 per violation; (I) abusing or attempting to abuse VLT’s flagging or reporting processes – $100 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting VLT content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of VLT in any 24-hour period – $1 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
USE AT YOUR OWN RISK. We provide the material available through this Web Site for informational purposes only. You may use the content, information, data and materials (“Information”) from, and the products and services available through, this Web Site solely for your personal and non-commercial use. Before you act on any information you have found on this Web Site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. With respect to our classified advertising services, please note that we do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer; without limiting the foregoing, we do not guarantee or insure any item advertised or the completion of any transaction or collect or process payment, act as an escrow service or transfer title, nor do we warehouse, store, ship or deliver any item that is advertised. VLT is not involved in any transaction between any party who uses our sites. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We cannot control whether or not users of VLT will complete the transactions they describe on our site. You acknowledge that all posts made to VLT express the views and opinions of the author and not the administrators, moderators or webmaster (except for postings by these people) and hence will not be held liable. You agree that the webmaster, administrator and moderators of VLT have the right to remove, edit, move or close any posting at any time should they see fit. If there is a dispute between participants on this site, VLT is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release VLT from claims, demands, and damages arising out of or in any way related to such disputes and/or our service.
PROHIBITIONS. VLT may be used only for lawful purposes. VLT prohibits the transmission, distribution or posting of unwanted or offensive content. Any item, posting, or photograph which in VLT’s sole discretion is inflammatory, offensive or otherwise inconsistent with VLT’s standards of business ethics is strictly prohibited. VLT prohibits all forms of SPAM and all activities that have the effect of facilitating SPAM.
DISCLAIMER & LIABILITY. To the full extent permitted by law, VANLIFETRADER LLC. and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“VLT Entities”) (1) make no promises, warranties, or representations as to VLT, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide VLT on an “AS IS” and “AS AVAILABLE” basis and any risk of using VLT is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with VLT. VLT Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to VLT, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to VLT (“Claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Santa Barbara, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Santa Barbara, CA; (2) indemnify and hold VLT Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of VLT; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC. VLT reserves the right to edit or delete any posting, and to block or ban any user’s access, at any time. Contributors of content to VLT expressly agree that VLT is not obligated to remove content made by its members, nor is VLT required to publicly maintain any content by any member. All contributions to VLT, and all material therein are copyright by VLT (while remaining the property of the author) as unpublished work under sections 104 and 408 of Title 17 of the United States Code with all rights reserved. Contributors expressly allow VLT to publish their work in other media without consent or compensation. Content of VLT may NOT be reposted or published without written consent of VLT (except by the original author). Material already in the public domain is not covered by this notice.
VLT may be compensated in exchange for featured placement of certain sponsored products and services, or visitors clicking on links posted on this website. This may or may not be limited to Classified featured ads, bold ads, banner ads, and/or affiliate links. If VLT, in its sole discretion, determines that a violation of the TOU has occurred, VLT may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site and the exclusion of any person(s) who may have violated any of the TOU. VLT could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. VLT will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to you. If we believe that any ad may create liability for VLT, we may take any action believed prudent or necessary to minimize or eliminate our potential liability, including, but not limited to, the release of user information. In the event a user is refused service, VLT reserves the right to retain any membership or other fees. In sum, VLT reserves the right to suspend, terminate, or cancel any account or refuse service to anyone at our discretion and with no prior notice.
Unless you have entered into a separate written or electronic agreement with VLT that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.