Legal Terms of Use

SECTION 1: INFORMATION AND MATERIALS

Information

Wan Net Technology™, Ltd./VFinity™ Company (hereinafter referred to as "Wan Net Technology™, Ltd./VFinity™ Company" or "VFinity™) provides users with access to a rich collection of resources. All materials available by way of this Site (including but not limited to all graphics, images, video, audio, or other types of content) is the property of VFinity™ and/or its partners. VFinity™ may post material for which it does not hold ownership, in such a case VFinity™ has obtained the right to post the material from the original source. If you wish to contact the owner of such material please contact VFinity™ and we will provide you with the information.

VFinity™ authorizes you to electronically copy, or print in hard copy, any document published by VFinity™ on the Site solely for your personal use. You further agree that were you to use any material obtained within this site for any commercial purpose, you will inform VFinity™ within a reasonable time of the material being used and how it is being used.

SECTION 2: INTELLECTUAL PROPERTY

VFinity™ and its partners are the sole owners of ALL that is found within the Site, including but not limited to information, material, data, graphics, images, and others, unless expressly stated otherwise.

Registered Marks and Others

Registered or pending registration trademarks belonging to VFinity™

VFinity™
© VFinity, Inc.
© 2000-2006 Wan Net Technology, Ltd.
© 2000-2004 Wan Net Technology, Inc.
Multimedia Digital Workflow™
MDW™ V-Business™
V-Studio™
V-News™
V-Learning™
V-University™
V-Archive™

Design and Layout

The design of the Site is the property of VFinity™. Elements of the Site, including but not limited to logos, graphics, sounds, video or audio clips, specialized text and designs, streaming presentations, motion graphics, or other images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.

Intellectual Property Infringement

As a member of the global media community Wan Net Technology™, Ltd./VFinity™ Company particularly respects the intellectual property of others. We expect others to do so in-kind. If you believe that any information represented has been copied in a way that constitutes copyright infringement please provide to VFinity™'s Legal Counsel the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• A description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of section of the site wherein material that you claim is infringing is located
• Your address, telephone number(s), and email address
• A written statement by you that the information you have provided is accurate and, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner

Wan Net Technology™, Ltd./VFinity™ Company's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

SECTION 3: PRIVACY

User Privacy

In general, people may visit the Site while remaining anonymous and not revealing any personal information. VFinity™ uses "cookie" technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. VFinity™ does not, without your permission, sell to third parties information you have submitted to this Site that identifies you personally.

Information Gathering

VFinity™ uses information that you submit or post to better understand its customers and assist VFinity™ with Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by VFinity™.

VFinity™ also uses this information to send you information about VFinity™ or other topics VFinity™ thinks may be of interest to you, such as product information or updates. As part of its business, VFinity™ works authorized partners, such as authorized hardware and other technology resellers and consulting service companies, to provide you with the services and information described above.

IP Addresses and Cookies

VFinity™ uses your IP address to help diagnose technology-related problems with the Site, administer Site and monitor Site usage. VFinity™ also may combine your IP address with other information to create anonymous Site statistics. VFinity™ does not use your IP address to collect personal information about you. VFinity™ never uses cookies to collect personally identifiable information about you.

SECTION 4: GENERAL PROVISIONS

Law Enforcement

VFinity™ will cooperate in-full with orders or requests from law enforcement officials and court s of competent jurisdiction for information as to the identity of individuals submitting information to VFinity™ or on this Site.

In addition, any notifications of claimed intellectual property infringement, counter notifications or other information submitted to and necessary to process a notification under our Intellectual Property Infringement Claims section are also exempt from this Terms of Use.

Links to Other Sites

Any links to other sites are provided solely for your convenience. Such sites are not under the control of VFinity™, and VFinity™ is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

VFinity™ has been authorized to post these links on the Site, please contact us if you have any questions regarding the posting of these links.

International Information and Use

VFinity™ is an international company with sales and service locations on different continents. The Site provides access to international data about VFinity™, its partners and additional third parties, and therefore, may contain references services that are not available in your country. VFinity™ has obtained the right to post the data from such third parties or partners. If you wish to contact the owners of such data please contact VFinity™ and we may provide you with the information. Such references do not imply that VFinity™, its partners, or other third parties intend to make available such products, programs or services in your country.

In addition, recognizing the worldwide nature of the Internet, you agree to comply with all international rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

SECTION 5: DISCLAIMERS AND LIMITATIONS

VFinity™ will take all precautions, within reason, by our Terms of Use. In any event wherein VFinity™ does not comply with all terms contained in our Terms of Use, you agree by using this Site and by submitting information to this Site that your sole and exclusive remedy against VFinity™ will be to have VFinity™ promptly correct the handling of your information in the future to accord with our Terms of Use, and to notify anyone to whom VFinity™ directly transferred any information of the correct information or to cease using such information.

Disclaimers

THE SITE IS PROVIDED BY Wan Net Technology™, Ltd./VFinity™ Company "AS IS" AND WITH ALL FAULTS. VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, ITS ACCURACY, TRUTHFULNESS, RELIABILITY, OR TIMELINESS OF ANY POSTED INFORMATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USE OF THE SITE IS AT YOUR OWN RISK.

VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS instead DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, O R ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS DISCLAIM ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH OUR TERMS OF USE.

UNDER NO CIRCUMSTANCES SHALL VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH OUR TERMS OF USE, OR THE FAILURE OF VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS TO ADHERE TO IT, EVEN IF VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, THE RESPECTIVE LIABILITY OF VFINITY™, ITS SUBSIDIARIES, AFFILIATES, AND DIVISIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, hold harmless, and defend VFinity™ and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the submission of information by way of the site, or any breach or violation of these Terms of Use by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

IF YOU DO NOT AGREE WITH OUR TERMS OF USE OR DISCLAIMERS THEN YOU SHOULD NOT USE THIS SITE.

Limitations on Transmissions

Personal or Posted Information (e.g. information submitted by way of the contact form, questions, comments, suggestions, or the like) shall be considered non-confidential and non-proprietary. You are expressly prohibited to upload, post, email, transmit or otherwise make available any content to the Site that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You are also prohibited from impersonating any individuals or to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

VFinity™ is not responsible for the accuracy of any Posted Information including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.

SECTION 6: MISCELLANEOUS PROVIONS

Violation of Terms of Use

VFinity™ has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, for any reason it deems necessary, including but not limited to if you violate any of these Terms of Use, violate the rights of VFinity™, interfere with any other user’s access or use of the Site, or if VFinity™ decides that your use is otherwise detrimental to VFinity™, the Site, or any other party.

General

THESE TERMS OF USE ARE GOVERENED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS, YOUR STATE OR COUNTRY OF RESIDENCE. YOU AGREE TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF ANY COURT WITHIN THE STATE OF NEW YORK IN THE EVENT OF ANY DISPUTE OF ANY KIND ARISING FROM OR RELATING TO THE SITE, OR YOUR USE OR REVIEW OF IT.

THE FAILURE OF VFinity™ TO ENFORCE ANY PROVISION OR RIGHT OF THESE TERMS OF USE WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION OR RIGHT.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

Security

By way of our Hosting service, Pair.com, we have security measures in place for this Site to protect it against loss, corruption and alteration of the information under our control. For more information on security measures, please contact the Webmaster.

Policy Changes

If and when VFinity™ makes changes to this Site, VFinity™ may have to update our Terms of Use to better reflect those changes. But no update to our Terms of Use will, in itself, alter the choice you already made about how VFinity™ can use your personal information.

Because changes to this Site or updates to our Terms of Use may occur, you should review our Terms of Use from time to time. Remember, your decision to continue using this Site after our Terms of Use is updated will signify that you have agreed to any new Terms of Use.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact the Webmaster at the following address and email: