1. Eligibility. In order to register as a Vish's member you need to eighteen or over. Any membership
in the Service is automatically void where prohibited. As a member and in use of the Web site’s services,
you represent and warrant that you have the right, capacity and authority to enter into this particular
agreement and will abide by all of the terms and conditions of this Agreement.
2. Terms. While using the Web site services and/or are a Member; this Agreement will remain in full
force and effect. You are free to terminate your membership at any time you wish, for any reason by
following the instructions stated on the Cancel Account page in “Account Settings”. Vish reserves the
right to terminate your membership at any time, for any reason. If Vish terminates your membership
because you have breached the Agreement, you will not be entitled to any refund of your unused
subscription fees. This agreement will still remain in full effect even after your membership has been
terminated.
3. Non-Commercial Use by Members. All Organizations, companies, and/or businesses alike may not become
Members and should not use the Vish Service or the Web site for any purpose. Vish Web Site service is
meant for personal use of the individual Members only; and may not be used in connection with any
commercial activities or endeavors. The following include Illegal and/or unauthorized uses of the
Web site: Collection of usernames and/or email addresses of members by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be
investigated thoroughly, and the appropriate legal action will be taken, including without limitation,
criminal, civil and injunctive redress.
4. Full Proprietary Rights in Content on Vish. Except for that information which is in the public domain
or for which you have been given a written permission, you do not have the right to copy, publish, modify,
transmit, perform, display, distribute or sell any other proprietary information. Vish owns and retains
all proprietary rights in the Vish Web Site and its Service. The Web Site contains the copyrighted material,
trademarks, and other proprietary information of Vish, and its licensors.
5. Content Posted on the Site.
a. As a registered member on Vish Web Site, your profile must describe you (an individual person).
Examples of in-appropriate profiles include the following (But are not limited to): Profiles that purport
to represent an animal, inanimate, place, object, a real individual who is not you or any fictional
character.
b. You understand and agree that Vish reserves the right to review/edit delete any content, photos,
messages or profiles (collectively, "Content") that in Vish sole judgment violate this Agreement or
which might be illegal, offensive, or that might violate the rights, threaten the safety of other members,
or harm them in anyway.
c. As a member posting Content to any public section of Vish, You automatically grant, and you warrant
and represent that you have the right to grant, to Vish a perpetual, irrevocable, non-exclusive, fully paid,
worldwide license to copy, perform, use, display and distribute such information and content and to
incorporate into other works of, or prepare derivative works of such information and content, and to
grant and authorize sublicenses of the foregoing.
d. You are solely responsible for the Content that you display or publish (hereinafter, "post") on the
Service Web Site, or transmit to other Vish Members.
e. solicits people you don't know to add you and/or accept you as a Vish member friend. Even though all
of the above is strictly prohibited on Vish, there is still a small chance that you may become exposed
to such items and you further waive your personal right to any damages (from any party) related to any
such exposure.
f. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
g. The following below is a partial list of the kind of Content that is considered illegal or prohibited
on the Vish Web Site. Vish reserves the right to investigate fully and take any appropriate legal action
in its sole discretion against anyone who violates this provision; including without limitation, removal
of the offending communication from the Service and automatically terminating the membership of such
violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes bigotry, racism, hatred or
physical harm of any kind against any group or individual;
• promotes information that you are aware is false, promotes illegal activities or misleading or conduct
that is threatening, abusive, obscene, libelous or defamatory;
• involves the transmission of "chain letters," "junk mail", or unsolicited mass mailing or "spamming";
• advocates harassment or harasses another person;
• promotes any illegal or unauthorized copy of someone else’s copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
• contains password only access pages or restricted pages, or hidden pages or images
(those not linked to or from other accessible page);
• displays any form of pornographic or sexually explicit material of any kind;
• provides material that exploits persons under the age of eighteen in a violent or sexual manner, or
solicits the personal information from anyone under eighteen;
• provides instructional information about any illegal activities such as buying or making illegal weapons,
providing or creating any computer viruses or violating a person’s privacy.
• engages in commercial activities and/or sales without any prior written consent from us; such as:
sweepstakes, contests, sweepstakes, advertising, barter and pyramid schemes;
• solicits personal identifying information for commercial or unlawful purposes from other users or
passwords;
h. You may not transmit any form of chain letters or junk email to other Members. You may not engage in
advertising to, or solicitation of, other Members to buy or sell any of your or others products or
services through the Vish Service. Although Vish cannot monitor the conduct of its Members off the Vish
Web site, it is still considered a violation of these rules to use any information obtained from the Vish
Service in order to abuse, harass, or harm another person, or in order to advertise to, contact, solicit,
or sell to any of the Vish Members without their prior explicit consent. In order to protect our Members
from such solicitation or advertising, Vish reserves the right to restrict the number of emails, which any
Member may send to other Members in any twenty four hour period to a number, which Vish deems appropriate
in its sole discretion.
i. No telephone members, last names, street addresses, emails, URL’s may be included in your Member profile.
6. Member Disputes. Interaction between Vish members is your sole responsibility. Vish, Inc. reserves the
right, but has no obligation, to monitor disputes between you and any other Members.
7. Privacy. Our Privacy Policy also governs the use of the Vish Web site and/or its Services.
8. Disclaimers. Vish is not responsible for any inaccurate or incorrect Content posted on the Web site or
in connection with the Service; whether caused by users of the members or users of the Web site, or by any
of the equipment or programming utilized or is associated in the Service. Vish assumes no responsibility
for any interruption, omission, error, delay in operation, deletion, defect, communications line failure,
destruction, theft or unauthorized access to, or alteration of any user or Members communications. Vish is
not responsible for the conduct, whether online or offline, of any user of the Vish Web site or Member of
the Service. The Web site and the Service are provided "AS-IS" and Vish expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. Vish is not responsible for any technical
malfunctions or problems of any telephone network or lines, computer online systems, computer equipment,
servers or providers, software, failure of email or players on account of technical problems or traffic
congestion on the Internet or at any web site or combination thereof, including damage or injury to users
and/or Vish Members or to anyone’s computer related to or resulting from downloading material or
participating in connection with the Web and/or in connection with the Vish Service. Under no circumstances
will Vish be responsible for any loss or damage, including personal injury or death, resulting from
anyone's use of the Vish Web site or the Service, any Content posted on the Web site or transmitted to
Members, or any interactions between users of the Web site, whether online or offline. Vish cannot
guarantee and does not promise any specific results from use of the Web site and/or the Service. The
service may not be available temporarily from time to time for maintenance purposes or other reasons.
No advice or information, whether written or oral, obtained by Vish users or through or from the service
itself shall create any warranty not expressly stated herein.
9. Copyright Policy. You may not post, reproduce, or distribute in any way any copyrighted material,
trademarks, or other proprietary information of Vish without obtaining the prior written consent of the
owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been
copied and posted on the Service in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: 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; a description of where the material that you claim is infringing
is located on the Vish Web site; your address, telephone number, and email address; a written 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.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event
will Vish be liable to you or any third person for any exemplary, indirect, consequential, incidental,
special or punitive damages, including also any lost profits arising from your use of the Vish Web site
or the Services, even if Vish has been advised of the possibility of such form of damages. Notwithstanding
anything to the contrary contained herein, Vish's liability to you for whatsoever cause, and regardless of
the form of the action, will at all times be limited to the amount that is paid, if any, by you as a
member to Vish for the Service during the term of the membership.
11. Indemnity. You agree to hold and indemnify Vish, affiliates, its subsidiaries, agents, officers, and
other partners and employees, harmless from any loss, claim, liability, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of the Vish Service in violation
of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations
and warranties set forth above. If You are a California resident, You waive California Civil Code Section
1542, which says "A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if known by him must have materially
affected his settlement with the debtor."
12. No Agency. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture,
relationship between Vish and any User of the Vish Service.
13. Other. This Agreement, accepted upon use of the Vish Web site and further affirmed by becoming a
registered Member of the Service, contains the entire agreement between you and Vish regarding the use
of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect. Failure of Vish to enforce or exercise any right
or provision of these stated Terms of Service shall not constitute a waiver of such right or provision.
The section titles in these Terms of Service are for convenience only and have no legal or contractual
effect.Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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