Terms and Conditions

Welcome to Vusiq. The Vusiq service and network (collectively, "Vusiq" or "the service") are operated by Vusiq, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.Vusiq.com or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Vusiq. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility
Membership in the service is void where prohibited. This Site is intended solely for users who are thirteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

Terms
This Agreement shall remain in full force and effect while you use the Vusiq services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the member's account settings page. Vusiq.com may terminate your membership at any time, without warning. Even after membership is terminated, this agreement will remain in effect,

Non-commercial Use by members.
The Vusiq services are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Vusiq.com. Illegal and/or unauthorized use of the Vusiq services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the vusiq Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Vusiq services.

Password
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Vusiq.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.


Registration Data and Account Security
In consideration of your use of the website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site content; Limited License
All content on the Site and available through the service, including designs, text, graphics, pictures, video, information, applications, software, music, film, 1. Vusiq.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "content") that you post to the Vusiq services. After posting your content to the Vusiq services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By displaying or publishing ("posting") any content on or through the vusiq services, you hereby grant to Vusiq.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the vusiq services.

1. Without this license, Vusiq.com would be unable to provide the Vusiq services. For example, without the right to modify member content, Vusiq.com would not be able to digitally compress music files that members submit or otherwise format content to satisfy technical requirements, and without the right to publicly perform member content, Vusiq.com could not allow Users to listen to music posted by members. The license you grant to Vusiq.com is non-exclusive (meaning you are free to license your content to anyone else in addition to Vusiq.com), fully-paid and royalty-free (meaning that Vusiq.com is not required to pay you for the use on the vusiq services of the content that you post), sublicensable (so that Vusiq.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the vusiq services), and worldwide (because the Internet and the vusiq services are global in reach). This license will terminate at the time you remove your content from the vusiq services. The license does not grant Vusiq.com the right to sell your content, nor does the license grant Vusiq.com the right to distribute your content outside of the Vusiq services.
2. You represent and warrant that: (i) you own the content posted by you on or through the Vusiq services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the vusiq services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the vusiq services.
3. The Vusiq services contain content of Vusiq.com ("Vusiq.com content"). Vusiq.com content is protected by copyright, trademark, patent, trade secret and other laws, and Vusiq.com owns and retains all rights in the Vusiq.com content and the vusiq services. Vusiq.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Vusiq.com content (excluding any software code) solely for your personal use in connection with viewing the vusiq Website and using the vusiq services.
4. The vusiq services contain content of Users and other Vusiq.com licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Vusiq services.sound and other files, and their selection and arrangement (the "Site content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site content and to download or print a copy of any portion of the Site content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User content, you may not upload or republish Site content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

1. Content Posted.
1. Vusiq.com may delete any content that in the sole judgment of Vusiq.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Vusiq.com assumes no responsibility for monitoring the Vusiq services for inappropriate content or conduct. If at any time Vusiq.com chooses, in its sole discretion, to monitor the Vusiq services, Vusiq.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
2. You are solely responsible for the content that you post on or through any of the Vusiq services, and any material or information that you transmit to other members and for your interactions with other users. Vusiq.com does not endorse and has no control over the content. content is not necessarily reviewed by Vusiq.com prior to posting and does not necessarily reflect the opinions or policies of Vusiq.com. Vusiq.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
2. Content/Activity Prohibited. The following is a partial list of the kind of content that is illegal or prohibited to post on or through the vusiq services. Vusiq.com reserves the right to investigate and take appropriate legal action against anyone who, in Vusiq.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Vusiq services and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Vusiq.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person'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;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person's consent; or
14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

3. The following is a partial list of the kind of activity that is illegal or prohibited on the Vusiq website and through your use of the Vusiq services. Vusiq.com reserves the right to investigate and take appropriate legal action against anyone who, in Vusiq.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any member to buy or sell any products or services through the Vusiq services. You may not transmit any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the vusiq services in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, Vusiq.com reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Vusiq.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the vusiq services, you acknowledge that you will have caused substantial harm to Vusiq.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you will be deleted from Vusiqcom
3. covering or obscuring the banner advertisements on your personal profile page, or any Vusiq.com page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the vusiq services or the networks or services connected to the vusiq services;
6. attempting to impersonate another Member or person;
7. for band profiles, copying the code for your vusiq Player and embedding it into other profiles or asking other members to embed it into their profiles;
8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9. selling or otherwise transferring your profile;
10. using any information obtained from the vusiq services in order to harass, abuse, or harm another person;
11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the vusiq services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
12. using the vusiq services in a manner inconsistent with any and all applicable laws and regulations.

Trademarks
The Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Conduct
You understand that except for advertising programs offered by us on the Site (e.g., Vusiq Flyers, Vusiq Marketplace), the service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the service or the Site to:
* harvest or collect email addresses or other contact information of other users from the service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
* use the service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
* use automated scripts to collect information from or otherwise interact with the service or the Site;
* upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
* upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
* register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
* upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
* solicit personal information such as passwords or personally identifying information for commercial or unlawful purposes;
* upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* intimidate or harass another;
* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
* use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the service or the Site.
* upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.


Without limiting any of the foregoing, you also agree to abide by our Vusiq Code of Conduct that provides further information regarding the authorized conduct of users on Vusiq .

Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Vusiq website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Vusiq Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Vusiq Copyright Policy for more information on how to report infringement of your copyright.

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and content
The Site contains (or you may be sent through the Site or the service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or content"). Such Third Party Sites and Third Party Applications, Software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Vusiq Profile Pages
You may not set up a Vusiq profile page on behalf of another individual or entity unless you are authorized to do so. This includes listener or fan profile Pages, as well as artist profile pages criticize another individual or entity.

Vusiq DOES NOT PRE-SCREEN OR APPROVE profile pages, AND CANNOT GUARANTEE THAT A particular profile page WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A Vusiq profile page. NOR IS Vusiq RESPONSIBLE FOR THE content OF ANY Vusiq Profile PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY Vusiq profile page, INCLUDING HOW THE OWNER OF THE Vusiq profile page COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE Vusiq PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A Vusiq profile page.

In addition to these Terms of Use, Vusiq Pages are subject to and governed by certain Additional Terms Applicable to Vusiq Pages. The Additional Terms Applicable to Vusiq Pages control in the event of any conflict between them and the Terms of Use.

User Disputes
You are solely responsible for your interactions with other Vusiq users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy
We care about the privacy of our users. Click here to view the Vusiq's Privacy Policy. By using the Site or the service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers
The Company is not responsible or liable in any manner for any User content or Third Party Applications, Software or content posted on the Site or in connection with the service, whether posted or caused by users of the Site, by Vusiq, by third parties or by any of the equipment or programming associated with or utilized in the Site or the service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User content or Third Party Applications, Software or content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or service.

The Site and the service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User content or personal injury or death, resulting from anyone's use of the Site or the service, any User content or Third Party Applications, Software or content posted on or through the Site or the service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE service (INCLUDING THE MOBILE serviceS, THE SHARE service AND THE MARKETPLACE service), ANY PLATFORM APPLICATIONS AND THE SITE content ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE service AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, content OR MATERIALS ON THE SITE, THE service OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR service ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, content OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN content, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE service AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE service, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE content OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE service DURING THE TERM OF membersHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE service, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE service (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE service) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Vusiq Marketplace may be arbitrated.