Terms And Conditions
When you visit the VMKings site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the VMKings site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the VMKings site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VMKings or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the VMKings site is the exclusive property of VMKings and protected by U.S. and international copyright laws. All software used on the VMKings site is the property of VMKings or its software suppliers and protected by United States and international copyright laws.
"VMKings", and other VMKings graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of VMKings in the U.S. and/or other countries. VMKings' trademarks and trade dress may not be used in connection with any product or service that is not VMKings', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VMKings. All other trademarks not owned by VMKings that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VMKings.
License and Site Access
The VMKings site or any portion of the VMKings site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VMKings. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VMKings without express written consent. You may not use any meta tags or any other "hidden text" utilizing VMKings' name or trademarks without the express written consent of VMKings. Any unauthorized use terminates the permission or license granted by VMKings. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the VMKings site, so long as the link does not portray VMKings, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VMKings logo or other proprietary graphic or trademark as part of the link without express written permission.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
Cooperation with Investigations and Legal Proceedings
If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
If you use the VMKings site, you are responsible for maintaining the confidentiality of your VMKings account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VMKings reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Ownership of Content
The VMKings Websites; their past, present and future versions; all pages found within the VMKings Websites; the material and information on the VMKings Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, "look and feel" and arrangement of such content contained on the VMKings Websites (hereinafter, the "Content"); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to VMKings, and are protected by intellectual property laws (the "Intellectual Property laws"), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the VMKings Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.
The VMKings Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without VMKings' express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the VMKings Websites or the Content contained on or available through the VMKings Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The VMKings Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the "Submissions") intended for review by general public, or by members of any public or private community. VMKings does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by VMKings and are provided solely for convenience to VMKings customers and users. VMKings reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Password Protected Areas
Access to and use of password protected areas of the VMKings Websites is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the VMKings Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to VMKings; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify VMKings immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. VMKings will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by VMKings or any other user or visitor to the VMKings Websites due to someone else using your password or account. You may not use anyone else's account at any time, without the permission of the account holder.
Content You Submit
VMKings appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with VMKings which may be shared with VMKings on a "need to know" basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any Online Mediums. VMKings is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant VMKings an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.
VMKings is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. VMKings reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such materials and grant VMKings the rights described herein.
No Unlawful or Prohibited Use
You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the VMKings Websites or Online Mediums to: (i) impersonate an employee or a representative of VMKings, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, "chain letters" and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the VMKings Websites or any other system or networks connected to the VMKings Website or any other services offered through the VMKings Websites, and/or other accounts not belonging to you, or violate security of any portion of the VMKings Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the VMKings Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the VMKings Websites or any transaction being conducted on the VMKings Websites or to restrict or inhibit any other user from accessing or using the VMKings Websites, by means of hacking or defacing any portion of the VMKings Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. VMKings reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant VMKings a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant VMKings and sublicenses the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content ("Third Party Content") to community areas of the VMKings site. You acknowledge that (a) VMKings has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify VMKings for all claims resulting from content you supply. VMKings has the right but not the obligation to monitor and edit or remove any activity or content. VMKings takes no responsibility and assumes no liability for any content posted by you or any third party.
Links to Third Party Websites
The VMKings Websites may contain links and references to non-VMKings websites and resources ("Linked Websites") and are provided for convenience only. If you decide to leave VMKings Websites and access Linked Websites, you do so at your own risk and VMKings will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website. VMKings has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by VMKings of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain VMKings logo, are independent websites, and VMKings does not control the content on that Linked Website. Additionally, VMKings is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from VMKings, by way of reference or link provided on the VMKings Websites.
All statements on the VMKings Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of VMKings for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments; and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialize. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of VMKings could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. Except as required by law, VMKings assumes no obligation to update these forward-looking statements publicly, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
VMKings respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Disclaimer Of Warranties and Limitation Of Liability
The VMKings site and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this site are provided by VMKings on an "as is" and "as available" basis, unless otherwise specified in the agreement. VMKings makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the VMKings site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, VMKings disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. VMKings does not warrant that this site; information, content, materials, products (including any software) or services included on or otherwise made available to you through the VMKings site; its servers; or e-mail sent from VMKings are free of viruses or other harmful components. VMKings will not be liable for any damages of any kind arising from the use of the VMKings site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the VMKings site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in the agreement. 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 above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Any dispute relating in any way to your visit to the VMKings site or to services provided by VMKings or through the VMKings site in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in any state or federal court in Los Angeles, California, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification and Severability
Notice and Procedure for Making claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying VMKings that your copyrighted material has been infringed.
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 upon;
A description of where the material that you claim is infringing is located on the Site;
Your 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.
VMKings has implemented at least industry standard systems and procedures to ensure the security and confidentiality of Customer Data, protect against anticipated threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access to or use of Customer Data.
VMKings may make commercially reasonable changes to the Services, from time to time. If VMKings makes a material change to the Services, VMKings will inform Customer.
Customer Administration of the Services
Customer may specify one or more Administrators through the Admin Console who will have the rights to access Admin Account(s) and to administer the End User Accounts. Customer and Reseller are responsible for: (a) maintaining the confidentiality of the password and Admin Account(s); (b) designating those individuals who are authorized to access the Admin Account(s); and (c) ensuring that all activities that occur in connection with the Admin Account(s) comply with the Agreement.
Each party will: (a) protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential Information, except to Affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any Affiliates, employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill its obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its Affiliates, employees and agents in violation of this Section.
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
Limitation of Liability
Neither party will be liable to the other party or to any third party for any incidental, consequential, or special damages of any kind or nature, including without limitation, lost profits, loss of data, or frustration of business expectations. This provision applies whether arising out of a party’s breach of contract; breach of any warranty, negligence or otherwise, even if a party has been advised of the possibility of such loss or damage. Neither party will assert any such claim against the other of its affiliates or subsidiary companies of their respective officers, directors, employees or agents. VMKings’ maximum liability for any claim whatsoever is limited to the amount paid by client during the three (3) month immediate preceding the cause giving rise to the claim, if any. No claim may be brought against VMKings more than six (6) months after the accrual of the claim.