Last Updated: August 16th, 2013
By visiting this Site, you are signifying your consent to these Terms and the terms and conditions of the MyVINCI Privacy and Security Policy, which is incorporated herein by reference. Any products or services ordered through Rullingnet Corporation is governed by the Terms and Conditions for Provision of Products and Services, which is also incorporated herein by this reference. Rullingnet Corporation may revise these Terms from time to time by posting a revised version on the Site. YOUR CONTINUED USE OF THE SITE AFTER RULLINGNET CORPORATION POSTS ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
Use of the Site
You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered, or otherwise exploited for any commercial purpose without prior written authorization from Rullingnet Corporation. We reserve the right to alter or discontinue the Site, in whole or in part, at any time, and at the sole discretion of Rullingnet Corporation.
Your Member Account
You can create a member account with Rullingnet Corporation (MyVINCI) by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself, which is requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBILE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. Notify Rullingnet Corporation immediately of any unauthorized use of your account.
In order to create a member account with Rullingnet Corporation, you must be at least 13 years of age. You represent to Rullingnet Corporation that you are at least 13 years old. If you are not at least 13 years old, do not set up an account with Rullingnet Corporation.
Your Use of Site
Subject to and conditioned upon your compliance with these Terms, Rullingnet Corporation grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials), solely as made available by Rullingnet Corporation and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site or create derivative works of any portion of the Site without the written consent of Rullingnet Corporation. While using the Site, you agree:
NOT to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
NOT to impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
NOT to restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
NOT to violate any applicable laws or regulations;
NOT to upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes Rullingnet Corporation’ or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
NOT to engage in spamming;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
NOT to modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site;
NOT to remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
Failure to comply with the above rules shall constitute a breach of these Terms, and Rullingnet Corporation may immediately terminate your access to and use of the Site in addition to any other rights or remedies Rullingnet Corporation may have.
Either you or Rullingnet Corporation may terminate your access to the Site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Site will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any User Submitted Materials (as defined below). Upon termination, Rullingnet Corporation may delete all information, files and materials related to your account, including any User Submitted Materials, and you agree that Rullingnet Corporation shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, Rullingnet Corporation shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.
Rullingnet Corporation respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act (the "DMCA") of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), it is Rullingnet Corporation policy to respond to notices of any actual or alleged infringement and to terminate the accounts of repeat infringers in appropriate circumstances. If you believe in good faith that a work has been copied in a way that constitutes an infringement of your copyright, please send a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Rullingnet Corporation to locate the material on the Site; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Rullingnet Corporation a counter-notice. Any notice or counter-notice should be sent to the Rullingnet Corporation Designated Copyright Agent at the following Address:
Attention: Copyright Protection
21 High Street, 208A North Andover, MA 01845
Fax: 1-855-MY-VINCI (1-855-698-4624)
Rullingnet Corporation Property
Rullingnet Corporation and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site and all content thereon other than User Supplied Material (described below) and the copyrights, images, trademarks, and logos contained therein and all intellectual property rights associated therewith. You agree that you will not remove, alter or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, reverse-engineer, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or any part thereof without the prior written permission of Rullingnet Corporation.
Your use of the Site is at your sole discretion and risk. The Site and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE AT LAW, RULLINGNET CORPORATION AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, Rullingnet Corporation disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the Site; (b) regarding the goods, services, advice, information or links provided by any third parties; (d) that the Site will meet your requirements; (d) that the Site will be error-free or that any errors will be corrected; or (e) that the Site or any software incorporated into the Site will be free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from Rullingnet Corporation, will create any warranty not expressly stated in this Agreement.
Limitation of Liability
TO THE FulLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER RulLINGNET CORPORATION NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESulTING, ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES INCURRED BY THIRD PARTIES, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AND WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT RulLINGNET CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE SHALL BE TO STOP USING THE SITE.
Some states or jurisdictions do not allow the exclusion of certain warranties and/or limitation of liability. Accordingly, some of the above exclusions and limitations may not apply to you.
Materials Submitted by Customer
Any materials submitted by you including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant Rullingnet Corporation and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display such User Submitted Materials in connection with the provision, production or promotion of any product or service by Rullingnet Corporation.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials; that your User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party; that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; and that you have the right to grant the licenses heretofore granted to Rullingnet Corporation.
None of the User Submitted Materials will be subject to any obligation whatsoever, whether of confidentiality, attribution or otherwise, on Rullingnet Corporation’ part or on the part of any of Rullingnet Corporation’ assignees, sublicensees or designees, and neither Rullingnet Corporation nor its assignees, sublicensees or designees will be liable for any use or disclosure of any such User Submitted Materials.
You agree that Rullingnet Corporation may (but is not obligated to) filter any User Submitted Materials by deleting or replacing expletives or other harmful or offensive language, alter or refuse to use any User Submitted Materials by suspending processing and shipping of any order relating to any User Submitted Materials, and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect Rullingnet Corporation or Rullingnet Corporation’ affiliates, distributors, partners, licensors, licensees or other third parties, to comply with legal obligations or governmental requests, or for any other reason or purpose.
You agree to defend, indemnify, and hold harmless Rullingnet Corporation, its officers, directors, shareholders, employees, agents, representatives, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, any actions or activities in connection with the Site, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with Rullingnet Corporation. You agree that Rullingnet Corporation may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.
Third Party Links
Rullingnet Corporation may provide links to third-party websites or resources from the Site. You acknowledge and agree that Rullingnet Corporation does not endorse and is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.
These Terms constitute the entire agreement between Rullingnet Corporation and you with respect to your use of the Site and supersede any prior or contemporaneous agreements or understandings. These Terms may be modified from time to time by Rullingnet Corporation, and any use by you of the Site following such modification shall be deemed your acceptance thereof. Rullingnet Corporation’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Rullingnet Corporation shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.