These Terms of Service (“Terms”) govern your access to and use of v-tweeter’s website and related services (collectively “Service” or “Services”), and any information uploaded or downloaded on the Services (collectively “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms, as well as v-tweeter’s Privacy Policy.

Intellectual Property Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of v-tweeter and its licensors. The Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the v-tweeter name or any of the v-tweeter trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding v-tweeter, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Use of Services
You agree not to use the Service for illegal purposes or for communication that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, tortuous, generates unwanted communication or is otherwise objectionable. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Service or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Service. You may not create a false identity for the purpose of misleading others.

Privacy
Any information that you provide to v-tweeter is subject to our Privacy Policy, which governs our collection and use of your information. By accepting these Terms you hereby accept and incorporate by reference all terms and conditions of the v-tweeter Privacy Policy as may be amended from time to time. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Copyright
v-tweeter respects the intellectual property rights of others and expects users of the Services to do the same. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. v-tweeter may terminate access for users who repeatedly infringe the copyright rights of others. If you believe that your work has been used in a way that constitutes copyright infringement, please send an e-mail to copyright@v-tweeter.com

Charge for Service
The service is provided free of charge but v-tweeter reserve the right to change this in the future.

Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by v-tweeter of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination of Access
You agree that we may terminate or suspend your access to the Service for any reason at any time. You may also cancel your user account and terminate your use of the service.

Disclosure of Information
v-tweeter reserves the right to disclose any information in order to comply with any applicable laws and/or requests under legal process, to operate its systems properly, to protect the property or rights of v-tweeter, or to safeguard the interests of other users of the Service.

Disclaimer
You expressly agree that your access to and use of the Services and/or any content is solely at your own risk. V-TWEETER PROVIDES THE SERVICE ON AN "AS IS" AND “AS AVAILABLE” BASIS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR THAT THE DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. v-tweeter will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that v-tweeter has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content maintained by the Services. No advice or information, whether oral or written, obtained from v-tweeter or through the Services, will create any warranty not expressly made herein

Limitation of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify and hold v-tweeter, our officers, directors and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Service.

Waiver and Severability
The failure of v-tweeter to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement
These Terms and associated Privacy Policy constitute the entire agreement between v-tweeter and you and supersede any prior written or oral agreement or understanding with respect to the subject matter thereof.

Governing Law and Venue
This agreement shall be deemed to have been made in, and shall be construed in accordance with and pursuant to, the laws of the State of California, without regard to or application of its conflict of law provisions or your state or country of residence, and the location and venue of any legal action brought to enforce or interpret the terms of this Agreement shall be the courts located in the County of Los Angeles, State of California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Revision 10.20.09