VERSUS USER AGREEMENT
PLEASE READ THIS USER AGREEMENT BEFORE USING THE VERSUS SERVICE.
1. Welcome to VERSUS (http://versusplus.com). By using this Versus Service (“Versus Service”), you agree to be bound by all of the terms of this Agreement (“Agreement” or “User Agreement”). VERSUS and mediaV LLC [a Meyer Shaffer Company] (“VERSUS”, “we” or “us”) reserve the right to change the terms of this User Agreement or to modify any features of this Versus Service at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time by clicking the “User Agreement” link on the Versus site (http://versusplus.com). Your use of the Versus Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Versus Service shall be subject to this User Agreement.
2. VERSUS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Versus Service (or any part thereof), with or without notice. You agree that VERSUS shall not be liable to you or any third party for any modification, suspension or discontinuance of the Versus Service.
3. The Versus Service (including, without limitation, text, photographs, graphics, video and audio content) is protected by trademark and by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual song parodies (lyrics and audio), poem parodies, original verse, columns, graphics, content and other elements comprising the Versus Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Versus Service, and all rights of relevant third parties.
4. (a) Unless you receive prior written authorization from VERSUS, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Versus Service, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional posts of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of the Versus Service over any network, including, without limitation, a local area network, nor may you sell it or offer it for sale, or recombine it in any way. In addition, these files may not be used to construct any kind of database. Just as VERSUS makes “fair use” of the material it parodies, we respect the right of others to make “fair use” of the materials contained on the Versus Service. Accordingly, you may from time to time excerpt and use materials set forth on this site, provided that you must cite VERSUS (http://versusplus.com) as the source and give the original author credit and give the VERSUS author credit, and, further, such use must be for a non-commercial purpose only and not, for example, for re-sale. In granting this limited permission, however, note that VERSUS does not warrant or represent that your use of materials displayed on the site will not infringe the rights of third parties not owned by or affiliated with VERSUS. Copyright and other proprietary rights in the materials may be held by individuals and/or entities other than VERSUS, and use by you is prohibited unless specifically permitted by this Agreement. VERSUS expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected materials on the Versus Service, and permits only the purposes described above.
(b) We are concerned about the integrity of the Versus Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the Versus Service. Neither you nor any third party shall make use of the contents of the Versus Service in any manner that has not been authorized by VERSUS, or that disables, circumvents or otherwise interferes with security features, or that constitutes an infringement of our rights, including but not limited to copyright.
(c) Should you wish to make any use of the Versus Service which is not expressly permitted herein, you must contact us, by e-mail at email@example.com to request permission to do so. The grant or denial of any such request is entirely within the discretion of VERSUS, subject to whatever terms may be set by VERSUS.
5. VERSUS has a policy that neither it nor any of its personnel or agents shall accept or consider any unsolicited material, ideas or suggestions of any nature whatsoever ("Unsolicited Materials"). Accordingly, you may not use this website or information obtained therefrom to submit Unsolicited Materials to VERSUS via any means (including, without limitation, via mail, fax or e-mail). Should you nevertheless contravene this express prohibition by sending Unsolicited Materials to VERSUS, the Unsolicited Materials will not be considered by anyone at VERSUS, and they will be deleted or destroyed, with no copies kept. If you send any Unsolicited Materials to VERSUS, you do so at your own risk and VERSUS has no responsibility or liability therefor.
6. You agree to indemnify and hold harmless VERSUS and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. THIS SERVICE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS VERSUS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS VERSUS SERVICE OR ANY INFORMATION OR GOODS OR DOWNLOADS THAT MAY BE AVAILABLE OR LINKED OR ADVERTISED OR SOLD THROUGH THIS VERSUS SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, INFORMATION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS VERSUS SERVICE OR AVAILABLE THOUGH LINKS IN THIS VERSUS SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS VERSUS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS VERSUS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT ANY ASPECTS OF THIS VERSUS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS VERSUS SERVICE AND ANY MATERIALS AVAILABLE THROUGH THIS VERSUS SERVICE (INCLUDING, WITHOUT LIMITATION, LINKS, DOWNLOADS, LINKS TO DOWNLOADS), YOU DO SO SOLELY AT YOUR OWN RISK.
THIS VERSUS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY VERSUS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS VERSUS SERVICE MAY BE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE VERSUS SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY VERSUS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. VERSUS is not responsible for the availability or content or policies of other services or products that may be linked to the Versus Service or to which the Versus Service may link. Because we have no control over such services or products, you acknowledge and agree that we are not responsible for the availability, content, accuracy, policies, or quality of such external services or products, and that we do not endorse and are not responsible or liable for any content, accuracy, policies, quality, advertising, downloads or other materials on or available from such services or products. You further acknowledge and agree that VERSUS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, services or downloads available on or through such services or products.
9. VERSUS and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Versus Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Versus Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Versus Service.
10. For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 512, VERSUS has designated an agent for notification of claimed infringement in writing as follows: Christine Steiner, Esq., Sheppard Mullin Richter & Hampton LLP, 1901 Avenue of the Stars, Suite 1600, Los Angeles, CA, 90067-6017, USA; fax: 310.228.3955. VERSUS provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of compliance. You acknowledge that if you fail to comply with all of the requirements of the statute, your DMCA notice may not be valid.
11. This Agreement may be terminated by either party for any reason at any time. Sections 3 through 9 and Sections 12 and 13 of this Agreement shall survive such termination.
12. This Agreement shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. The parties hereby irrevocably consent to the jurisdiction of the state and federal courts located in Los Angeles, California, in any action arising out of or relating to this Agreement, and waive any other venue to which any party might be entitled by domicile or otherwise.
13. The Versus Service is controlled and offered to you from facilities in the United States of America. We make no representations that the Versus Service is appropriate or available for use in other locations. Those who access or use the Versus Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Updated: May 4, 2016