© 2000 Vicarious Visions, Inc. All rights reserved. VICARIOUS VISIONS is a registered trademark and the “V” logo is a trademark of Vicarious Visions, Inc. All other trademarks, trade names and works of authorship are properties of their respective owners.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The following are terms of a legal agreement between you and Vicarious Visions, Inc. (“Vicarious Visions”, “we” “our” or “us”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, without limitation, United States copyright and trademark law and international treaties. The Site (excluding any linked sites) is controlled and operated by Vicarious Visions from its offices within the state of New York in the United States of America. Vicarious Visions makes no representation that materials in the Site are appropriate or available for use in other locations. Access to them from territories where their content is illegal is prohibited. If you decide to access the Site from other locations, you are responsible to make sure that your use and access of the Site complies with applicable local laws.
The copyright in all material provided on this Site is held by Vicarious Visions or by the publisher, controller of the copyright or by the original creator of the material. Unless we say so right in this Agreement or in the pages of the Site, you may not copy, reproduce, distribute, republish, download, display, post or transmit any of the material in the Site in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or otherwise, unless we or the copyright owner gives you written permission in advance. You may display, copy, download and distribute the materials on the Site for personal, non-commercial use so long you do not modify or sell the materials and so long as you retain all copyright and other proprietary notices contained in the materials. If you do not abide by this Agreement, the limited rights we grant you under it immediately terminate, which means, among other things, that you must immediately destroy any downloaded and printed materials. You also may not, without our prior written permission, “mirror” any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site are the Trademarks of Vicarious Visions and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Vicarious Visions aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including others’ and ours, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior written permission. Vicarious Visions prohibits use of any Vicarious Visions logo as a hypertext link to any other Web site unless we approve the establishment of such link in writing in advance.
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, VICARIOUS VISIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. VICARIOUS VISIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VICARIOUS VISIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF VICARIOUS VISIONS OR A VICARIOUS VISIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU ASSUME THE COSTS IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY TO US FOR ANY GOODS, SERVICES OR INFORMATION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VICARIOUS VISIONS. THIS SITE AND THE INFORMATION MATERIALS CONTAINED IN IT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Vicarious Visions and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Vicarious Visions may make changes to these materials, or to the products described in them, at any time without notice.
Vicarious Visions makes no commitment to update any materials on the Site.
Except as otherwise stated in our Privacy Policy, any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Vicarious Visions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You should read our Privacy Policy, because it also governs anything you may submit to us. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
You agree to indemnify, defend and hold Vicarious Visions and its officers, directors, owners, agents, information providers and licensors (collectively, the “Vicarious Visions Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred by any Vicarious Visions Party in connection with any use or alleged use of the Site by you. Vicarious Visions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may also be links to other sites from the Site that take you outside our service. While that may be cool, we don’t always check those sites out, so don’t blame us if something you link to offends, shocks, misleads or ridicules you. In other words, we take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained therein. You shall not upload to, distribute through, or otherwise publish through, the Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law. Vicarious Visions may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions. Therefore, you should periodically visit this page to determine the then current Terms of Use to which you are bound.
This Agreement shall be construed exclusively in accordance with the laws of the state of New York, without regard to any conflict or choice of laws principles that would defeat the application of New York law. You irrevocably consent to bring any action to enforce this Agreement in the New York state courts located in the county of Rensselaer, New York or the United States District Court for the Northern District of New York sitting in the city of Albany, New York. You waive any defenses to jurisdiction or venue to suits or actions brought by Vicarious Visions in any of such courts. This Agreement and the Privacy Policy on the Site constitute the entire agreement between you and Vicarious Visions with respect to the subject matter hereof and thereof, and supersede all previous written or oral agreements between us with respect to such subject matter. We reserve to ourselves all rights not expressly granted to you in this Agreement and the Privacy Policy. This Agreement shall inure to the benefit of Vicarious Visions’s agents, licensors, licensees, successors and assigns.
Your privacy is very important to us. Vicarious Visions respects your interest in maintaining your privacy.
We do not collect personally identifiable information about you on our Web site or otherwise unless you choose to give it to us via sending us your resume, or by communicating with us by sending us an electronic mail message, making a phone call, or through postal mail. Even when you choose to give us information, we endeavor to keep it confidential to the extent described in this Privacy Policy.
You can visit the public parts of our Web site without telling us who you are or revealing any personal information. We currently do not enable “cookies” on our Web site. We sometimes examine Internet Protocol (IP) addresses to track web site page hits by geography, domain name, etc.
We do not sell, rent, share or otherwise disclose mailing lists or other personally identifiable information, unless we are legally compelled to do so. We may maintain some records of individuals who contact us in case we need to contact them later or provide them information in the future. If you choose to correspond with us through email or through our web site, we may retain the content of your messages, your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information received by mail and telephone. We do not, however, provide such information about you to anyone else unless you give us your permission or unless we are otherwise compelled by law.
We do not collect or store any personally identifiable information such as name, address, or email address from children under the age of 13.
We recognize a special obligation to protect personal information obtained from young children. We urge parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when on-line. No information should be submitted to Vicarious Visions by children 12 years of age or under. Children under the age of 17 and over the age of 12 should encourage their parents to review this privacy policy and to contact us if they would like to raise any concerns.
Except as provided below, Vicarious Visions staff and advisors will treat as confidential all resumes and other personal information that you choose to give us during the employment application and screening process. Unless compelled to do so by law, we will not show such information to anyone outside the Vicarious Visions evaluation team without your permission.
WITHOUT FIRST RECEIVING OUR PRIOR WRITTEN CONSENT, YOU MAY NOT SEND OR DISCLOSE TO US ANY IDEAS, REMARKS OR SUGGESTIONS, OR ANY TRADE SECRET, PROPRIETARY INFORMATION OR CONFIDENTIAL INFORMATION BELONGING TO YOU OR ANYONE ELSE, INCLUDING, WITHOUT LIMITATION, ANY, SOFTWARE, CODE, GRAPHICS OR WORKS OF AUTHORSHIP (COLLECTIVELY, THE “SUBMISSION”), EVEN IF YOU ARE AN AUTHOR OR CREATOR OF THE SUBMISSION. If you ignore this policy, you do so at your own risk, you consent to any use we might make of the Submission and you agree that we shall not be liable to you. You also agree that you shall indemnify and hold harmless Vicarious Visions, its officers, directors, employees, contractors and agents, for any actual or alleged infringement of any trademark, copyright, trade secret, patent or other intellectual property rights arising out of the Submission and any subsequent use we may make of the Submission. You also agree that the terms of this Privacy Policy will supersede any inconsistent terms that you might seek to impose on any such Submission, including terms accompanying any such Submission. Without limitation, Vicarious Visions will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Vicarious Visions will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the submission.
At Vicarious Visions, we recognize and respect our customers’ privacy. WE DO NOT SELL OR RENT OUR CUSTOMERS’ INFORMATION TO ANY OUTSIDE COMPANY OR ORGANIZATION. We limit the information collected about you to what is needed for conducting business and offering products that might be of interest to you. As well, we limit our employees’ access to our customer files only to those who need such information to conduct our business.
This Privacy Policy applies only to information that is collected by our company online and not to information that may be collected by our company offline.
We currently do not take any special steps to archive, weed-out or filter the data we collect online. If you elect not to share your personal data (i.e. name, email address, age) with Vicarious Visions, you will still have access to every page of our web site. You may, however, not be able to correspond with us electronically, submit game feedback, sign up for the Kid Testing Center, join our fan club, or submit your resume to us via the Internet.
Privacy Commitment Changes
If we decide to change or update our Privacy Policy, we will post those changes here in the Privacy Policy section of our Web site. If you have any questions or concerns about this Privacy Policy, or would like to review, correct or remove any information that we may have on file about you, please feel free to contact us at our e-mail address privacy@vvisions.com.