Terms of Use

VIRTUAL BLIGHT LLC (“VIRTUAL BLIGHT”, “WE” OR “US”)
Internet web site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND VIRTUAL BLIGHT AND GOVERN YOUR ACCESS TO, AND USE OF, THE VIRTUAL BLIGHT WEBSITE LOCATED AT WWW.VIRTUALBLIGHT.COM (THE “SITE’).IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.YOUR USE OF THIS SITE ON THIS SITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.VIRTUAL BLIGHT MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND VIRTUAL BLIGHT CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND IF YOU ARE A REGISTERED USER OF THE SITE, VIRTUAL BLIGHT MAY SEND YOU AN EMAIL OF THE CHANGE. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES.

General Use Restrictions
Virtual Blight provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics, certain white papers, and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Virtual Blight and are the copyrighted and/or trademarked work of Virtual Blight or Virtual Blight’s contributors.

Virtual Blight grants you a limited, personal, non-exclusive and non-transferable license to use this Site solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Password Restricted Areas of this Site.
You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Virtual Blight if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Virtual Blight of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Privacy Policy.
Your use of this Site is governed by the Virtual Blight Privacy Policy, which is available at Privacy Policy.

Third Party Content
Certain information and content, such as white papers, articles and the like, and other content that are not Submissions may be provided by third party licensors and suppliers to Virtual Blight (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. YOU ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY CONTENT DOES NOT REFLECT THE VIEWS OF VIRTUAL BLIGHT AND THAT VIRTUAL BLIGHT IS NOT RESPONSIBLE FOR ANY VIEWS, IDEAS, POSITIONS, MATERIALS AND THE LIKE CONTAINED IN ANY THIRD PARTY CONTENT. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

Links to Third Party Sites
This Site may be linked to other world wide web sites that are not Virtual Blight sites. Virtual Blight is providing these links to you only as a convenience, and Virtual Blight is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Submissions.
You acknowledge that you are responsible for the information, photos, graphics, sounds and other content or material that you submit, upload, include in messages to other Virtual Blight users or otherwise make available on or through the Site (each a “Submission”) through the services available in connection with this Site, and that you, and not Virtual Blight, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the Virtual Blight Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Virtual Blight is free to use a Submission for the purpose of providing you with the associated services and you grant Virtual Blight a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally, Virtual Blight agrees to use all of your Submissions in accordance with Virtual Blight’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO Virtual Blight, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions submitted by you on or through this Site or otherwise have the right to grant the licenses to Virtual Blight set forth in this section, and (ii) the submission of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Post any content that is mature or adult in nature on the “general audience’ section of this Site. (This is more appropriate for the “adult section” of this Site.)

This list of prohibitions provides examples and is not complete or exclusive. Virtual Blight reserves the right to (a) terminate your access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Virtual Blight determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Virtual Blight may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Virtual Blight’s discretion, Virtual Blight will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

These prohibitions do not require Virtual Blight to monitor, police or remove any Submissions or other information submitted by you or any other user.

Copyright and Trademark Infringements.
Notification:
Virtual Blight respects the intellectual property rights of others, and we ask you to do the same. Virtual Blight may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Virtual Blight’s designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Virtual Blight to locate the material.
Information reasonably sufficient to permit Virtual Blight to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Virtual Blight’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By Mail:
11575 Great Oak Way, Suite 315
Alpharetta, GA 30022
By Phone: 678 578 8065
By Email: info@virtualblight.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Unauthorized Activities
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate applicable laws and regulations. You agree to indemnify and hold Virtual Blight and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Virtual Blight or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including, without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights
Virtual Blight is a trademark of Virtual Blight in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Virtual Blight, Copyright © 2007-2008 Virtual Blight LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

Disclaimer of Warranties
Your use of this Site is at your own risk. Neither the Materials, the Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Virtual Blight, and they may include inaccuracies or typographical or other errors. Virtual Blight does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Virtual Blight has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Virtual Blight or our licensors.
VIRTUAL BLIGHT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE SUBMISSIONS OF OTHER USERS OF THE SITE AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THE SUBMISSIONS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Limitation of Liability
VIRTUAL BLIGHT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL VIRTUAL BLIGHT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF VIRTUAL BLIGHT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control
Virtual Blight controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General
If you violate these Terms, Virtual Blight may terminate and/or suspend your access to this Site without notice. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. Georgia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Georgia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Virtual Blight’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Virtual Blight and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Virtual Blight about this Site.