Welcome to Viambo.com! The following rules (“Terms”) govern your use of the Viambo web sites and the services offered on the sites (collectively referred to throughout this agreement as "Site" or “Viambo Website”). The viambo.com website is owned and operated by Viambo OmniMedia, Inc. (“Viambo”). Viambo reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please read these Terms carefully as they form the basis of your agreement with Viambo.

By using Site services or visiting viambo.com, you acknowledge that you have read and understood all the provisions contained in this Terms of Use Agreement, you agree to be legally bound by the agreement, to follow its Terms, and to observe all applicable laws and regulations governing the Site. You also agree to be bound by the Terms and Conditions of the Viambo Privacy Policy which can be viewed at http://www.viambo.com/privacy.php.

If you do not agree to all of these Terms, you are not permitted to use the Viambo Website. This Terms of Use Agreement was last revised on June 1, 2007.

You are only authorized to view and to retain a copy of pages of this Site for your own personal use. Any reproduction, publication, or further distribution or public exhibition of materials provided at this Site in whole or in part without Viambo’s express written permission is strictly prohibited. The content and software on this Site is the property of Viambo, its affiliates or its suppliers, and is protected by U.S. and international copyright laws.

You must be at least 13 years of age to use the Site, to register as a member, or to subscribe to the Services. If you are between the ages of 13 and 18, you may use the Site with the consent and involvement of your parent or legal guardian. By using the Site, you represent and warrant: (i) that you are at least 18 years of age or (ii) that, as parent or guardian, you agree to these Terms, including Viambo’s Privacy Policy, you authorize your child, who is between the age of 13 and 18, to use this Site and the Services, and you are responsible for their conduct on the Site.

If you are under 13 years of age, you may not use the Site. You should ask you parents to help you find other sites that are appropriate for you.

By accessing, browsing, or otherwise using this Site, you consent to receiving electronic communications from Viambo. You agree that all notices, agreements, disclosures, and other communications that are sent to you electronically by Viambo are deemed to satisfy all legal requirements that such communications be in writing.

Viambo hereby grants you permission to use this Site as set forth in these Terms, provided that:

1. your use of the Site is personal and noncommercial;

2. you will not copy or distribute any part of the Site without prior written permission from Viambo;

3. you will not modify or alter any part of the Site except as authorized to utilize the services provided on the Site within their intended purposes; and

4. you will comply with the terms and conditions of this Agreement.

Viambo, its affiliates, and its licensors own all rights, title, and interest in this Site, including all Viambo products and services offered on the Site, and all such rights to all derivative works or enhancements of, in and to, or related this Site. All Site materials, including by way of example and not limitation, software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, trademarks, links and other files and the selection and arrangement thereof (the "Materials") are copyrighted Materials. ALL RIGHTS ARE RESERVED.

The Site may automatically produce search results that reference or link to third party web sites throughout the World Wide Web. Viambo has no control over these third party web sites or any content they may contain. If you use the links to these web sites, you will leave the Site, and will be subject to the terms of use and privacy policies that apply to those web sites.

Viambo cannot and does not guarantee, represent or warrant that the content contained in third party web sites is accurate, legal, or inoffensive. Viambo does not endorse or approve the content of any third party website.

Viambo offers no assurances or guarantees whatsoever that third party web sites will not contain viruses, spyware, malware, or other content that may damage or otherwise impact your computer. By using the Site to search for or link to another web site, you agree and understand that Viambo has no responsibility for the content of the linked site. You also agree you may not make a claim against Viambo or its affiliates for any damages or losses whatsoever, resulting from your use of the Site to obtain search results or to link to another web site. If, however, you have a problem with a link from the Site, you may let Viambo know by clicking here, and Viambo personnel will investigate the link and take appropriate action.

There are many opportunities for you to contribute to the Site and to communicate with other Site users. Some of these opportunities include forum posts, adding comments, writing articles, creating links to content, or creating other materials, even software. Viambo collectively refers to all these contribution opportunities to the Site as "Content." Viambo is not liable or responsible for any Site Content provided by or to Site users or other third parties ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Viambo. Viambo can not always preview User Content before it appears on the Site or is sent to another user. You must be aware that Site users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including, by way of example, infringing, defamatory, or offensive materials. If, however, you discover this kind of material on the Site, please notify Viambo by clicking here. Viambo personnel will investigate your report and take appropriate action.

When you contribute Content to the Site, you will be deemed to have granted Viambo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to publicly display, publicly perform, use, reproduce, distribute, store, transcode, broadcast, edit, modify, create derivative works of, and otherwise use and reuse your contributed Content or any portions or derivative works thereof in any manner, in any medium, for any lawful purpose. You also hereby grant each Site user a non-exclusive license to access your contributed Content through the Site and to publicly display, publicly perform, use, reproduce, prepared derivative works of, and distribute such contributed content as permitted through the services, features, and functionality of the Site under this Agreement. For clarity, you retain all of your ownership rights in your contributed Content.

When you contribute Content to the Site, you will be deemed to have granted Viambo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to publicly display, publicly perform, use, reproduce, distribute, store, transcode, broadcast, edit, modify, create derivative works of, and otherwise use and reuse your contributed Content or any portions or derivative works thereof in any manner, in any medium, for any lawful purpose. You also hereby grant each Site user a non-exclusive license to access your contributed Content through the Site and to publicly display, publicly perform, use, reproduce, prepared derivative works of, and distribute such contributed content as permitted through the services, features, and functionality of the Site under this Agreement. For clarity, you retain all of your ownership rights in your contributed Content.

Viambo respects the intellectual property rights of third parties and expects its Site users to do the same. You are solely responsible for the Content that you post on the Site and the consequences of publishing that Content. You agree you will NOT submit Content that is copyrighted or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner of such rights to publish such material on the Site. Viambo will promptly remove all Content if properly notified that such Content infringes another’s intellectual property rights or rights of privacy. In addition, Viambo reserves the right in its sole discretion to remove Content and terminate the accounts of Site users who infringe, or appear to infringe, the intellectual property rights or other rights of third parties.

If you believe that any Content that appears on the Site violates your intellectual property rights, you should provide Viambo with the following information:

1. Signature of the individual authorized to act on behalf of the owner of the copyright interest;

2. A list of the copyrighted work(s) that you claim has been infringed;

3. A description of each such work;

4. A list of the Content that you claim is infringing;

5. Information sufficient to locate such content on the Site, including a complete URL associated with the content or the webpage on which the content resides;

6. Your contact information, including address, telephone number, and email address;

7. 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 owner, its agent, or the law; and

8. A statement by you, made under penalty of perjury under the laws of California and the United States, that the above information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Viambo may be reached for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: copyright@viambo.com

This section contains partial list of the kind of Content which is illegal or prohibited on the Site. When you post any Content to the Site, you agree not to submit Content that:

1. is unlawful, pornographic, or obscene, defamatory, libelous, threatening, or harassing;

2. advocates, promotes, provides information about, or encourages engagement in illegal activities such as making or buying illegal weapons or illegal substances;

3. is or could be harmful to minors;

4. exploits people under the age of 18 in a sexual or violent manner;

5. solicits personal information from anyone under 18;

6. is offensive to the Site’s online community by promoting racism, bigotry, or hatred against any group or individual;

7. is a falsehood or misrepresentation that could damage Viambo or any third party;

8. violates the privacy of any third party;

9. is or promotes an illegal or unauthorized copy of another person’s work;

10. engages in commercial activities and/or sales without Viambo’s prior written consent; or

11. contains restricted access information, or hidden content, including, but not limited to. text, video, audio, and images.

You understand and agree that in Viambo's sole discretion, and without prior notice, Viambo may terminate your access to the Site and remove any contributed Content, if Viambo determines that the Content you contributed has violated or is inconsistent with the Terms or with the intention behind them, or that you have violated the rights of Viambo, the rights of a third party, or the law. Viambo may disclose user information about you if required by law or subpoena, or if the information is necessary or appropriate to disclose so as to address an unlawful or potentially harmful activity.

Viambo believes that your privacy and the privacy of all Site users are important. Please review Viambo’s privacy policies. If you post any original Content to the Site, whether by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary. By posting Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use your Content. You acknowledge that Viambo is not liable for any lost data resulting from the operation of the Site or its enforcement of the Terms. Viambo urges all users to maintain their own back up copies of any Content they submit to the Site.

Note to International Users: If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States laws. Please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to (i) the use of your personal data for the uses identified in accordance with Viambo’s Privacy Policy; and (ii) the transfer of your personal data to the United States as indicated above.

Note to Users 18 Years and Under: If you are between the ages of 13 and 18, you should not post information about yourself on the Site without the permission of a parent or guardian.

If you register as a Site user, you are responsible for maintaining the confidentiality of your user identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities of any description that occur under your user identification and password.

VIAMBO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENT-ATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OFFERED OR THE CONTENT. VIAMBO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. VIAMBO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. VIAMBO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

UNDER NO CIRCUMSTANCES WILL VIAMBO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCI-DENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF VIAMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, VIAMBO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, UNDER NO CIRCUMSTANCE, EXCEED $250.00.

You further agree that Viambo, its subsidiaries, affiliates, officers, agents and other partners and employees shall not be liable to you or any third party for any damages or liabilities suffered as a result of (i) your publicly displaying, publicly performing, using, reproducing, prepared derivative works of, or distributing any information or third party content or your use of the Site, (ii) errors, omissions, mistakes, or inaccuracies of Content on the Site, (iii) any unauthorized access to or use of restricted areas of the Site, including secure areas that are likely to contain personal information or financial information, or (iv) personal injury or property damage resulting from your access to or use of the Site.

You agree to hold harmless Viambo, its subsidiaries, affiliates, officers, agents and other partners and employees liable for damages of any kind, including, without limitation, indirect, incidental, consequential, punitive, exemplary, or special damages, including lost profits, business interruption, or loss of data, arising out of or in connection with this agreement or your use of this Site.

You agree to indemnify, defend, and hold Viambo, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party (i) caused by or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload Content or other information to the Site; and (ii) for user contributed Content or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing.

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect any other provisions of this Agreement, all of which shall remain in full force and effect. Any disputes relating to this Agreement, Viambo’s Privacy Policy, your use of the Site, any other Viambo Website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. Proper venue shall be the state and federal courts of competent jurisdiction in San Diego County, California.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.