WEBSITE TERMS AN CONDITIONS
Last updated on July 24, 2020.
The website and its contents are the property of the Vapor Technology Association (referred as “VTA,” “Association,” “we,” “us,” and “our”). This web page states the Terms and Conditions for the use of the VTA websites, voicesforvaping.com and/or vaportechnology.org (as the “Website”). By using the Website, you agree to be bound by these Terms and Conditions. VTA may revise these Terms and Conditions at any time by updating this posting. The terms “You” and “User” are used to refer to anyone who is accessing the Website. If You are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with VTA, but You are nevertheless individually bound by these Terms and Conditions.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Ownership of Copyrights, Trademarks and Other Intellectual Property
The entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other “material” are copyrighted by VTA under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on the Website. VTA grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to VTA; limited use of the materials is permitted only as expressly stated in the terms below. Permission to the Website content may be granted in special circumstances on a case-by-case basis. Please direct any request to use VTA proprietary content by emailing: email@example.com
Permitted Uses of Materials
Below are selected permitted and prohibited uses of VTA materials that are posted on the Website.
A. Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from the Website, provided that VTA’s copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.
B. Anyone may share VTA materials by utilizing the “share” icons displayed in conjunction with the Website materials on the Website.
C. Any use other than as described in paragraph 1 and 2 above requires prior written permission from VTA. Please direct any request by emailing: firstname.lastname@example.org
D. User’s Link: You may link or post the link of this Website to any document or location. VTA does not have any control over link(s) made to any document or location at the Website, and is not responsible for any of the content therein.
Prohibited Uses of Materials
A. Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the Website without prior written permission from VTA.
B. User agrees that materials may not be commercially exploited or sold to third parties without prior written authorization from VTA.
C. User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.
Content Submitted by User
By submitting content to VTA through our Website, including but not limited to text, photograph, video, audio recording, graphic, illustration, and any other materials (collectively, “User Submitted Content”), You grant VTA and its affiliates, collaborating partners, licensees, and assigns an irrevocable, perpetual, and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the User Submitted Content for any purposes based on VTA’s sole discretion.
By submitting User Submitted Content to VTA, You warrant that the User Submitted Content does not violate the right of privacy of any individual; does not infringe any trademark, trade secret, copyright, or intellectual property right; nor does it contain any material that might be deemed offensive or obscene, or that otherwise violates any criminal prohibition or the personal proprietary rights of any person or entity. You agree to indemnify and hold harmless VTA from any claims, costs and expense that VTA may incur arising out of or in connection with Your breach of the foregoing warranties.
Name and Logo
User agrees not to use the name Vapor Technology Association, VTA, Voices for Vaping, or their logos for any promotional or commercial purpose or any other purpose without the prior written consent of VTA.
Interference with Website operation: User agrees to not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. User agrees to not attempt to interfere in any way with the operation of the Website, that User will not transmit any virus or worm to the Website, that User will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that You will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. User will not attempt to log on to a server or account that User is not authorized to access, and will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.
Alteration of Website content: None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of VTA.
Violation of Website security: Users are prohibited from violating or attempting to violate the security of the Website. This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Please see our Privacy Statement for further details concerning the Website’s privacy practices.
Compliance: User agrees to comply with all applicable laws, as well as with these Terms and Conditions. User agrees not to engage in any unlawful or commercial activity on the Website.
Registration and Password
VTA members may register for a user account and password through the Website to access member-only content on the Website. Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User’s registration and the compliance with all Terms and Conditions. User agrees to immediately notify VTA of any unauthorized use of User’s password or account or any other breach of security.
VTA business affiliates and collaborating partners may be granted access to a searchable database to verify the status of a VTA member (referred as the “Member Database”). By using VTA’s Member Database, You hereby accept and agree to be bound by the following terms and conditions: The Member Database and all content are proprietary to VTA. The content of the Member Database may not, in whole or in part, be reproduced, republished, duplicated, disseminated, downloaded, entered into a computer database, used as part of or in connection with the preparation, revision, or confirmation of a commercial mailing, database, telephone, fax, email, or other marketing list, or otherwise utilized, in any form or manner or by any means, except for the intended purpose stated above, or upon prior written permission by VTA on a limited case-by-case basis. The presence of information about VTA members in the Member Database does not represent their consent to allow any other personal or commercial use of the Member Database information by third parties, or to receive any marketing or related communications.
Termination of Account
VTA reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to immediate termination of User’s registration with the Website or ability to access the Website and/or any other service provided to User by VTA, upon any breach by User of these Terms and Conditions or if VTA is unable to verify or authenticate any information User submits to the Website for registration. VTA shall not be liable to User nor any third party for any termination of User’s account or access to the Website.
Waiver of Liability
VTA is NOT LIABLE for any content posted on the Website. User assumes all risks associated with dealing with other users with whom User comes in contact through the Website. Should a dispute arise between User and another user, User hereby agrees to release VTA from all claims, demands, and damages associated with such a dispute.
IN NO EVENT SHALL VTA OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VTA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CONTENT THAT IS POSTED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. VTA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VTA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.
VTA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, VTA IS NOT RESPONSIBLE FOR THOSE COSTS.
Links to Other Sites
The Website may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by VTA of the third-party or the contents of such third-party websites. Because we do not have any control over such third-party websites, VTA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. Linking to third-party websites is performed at User’s own risk.
User agrees to defend, indemnify, and hold harmless VTA, its officers, directors, members, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from User’s use of the Website or User’s breach of the Terms and Conditions, including, without limitation, User’s submission of content that violates third party rights or applicable law. VTA shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding.
If User accesses this Website from outside the United States, User does so at User’s own risk. User agrees to comply with all applicable local rules and laws regarding the transmission of technical VTA exported from the United States or the country in which User resides.
These Terms and Conditions are governed by laws of the District of Columbia. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts within the District of Columbia. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
Effective Date: July 2020