Terms and Conditions - Vacant Museum

TERMS AND CONDITIONS

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

SECTION 1. OVERVIEW

INTRODUCTION, OWNERSHIP, AND AGREEMENT

This website is owned and operated by Vacant Museum. Throughout the Site, the terms “Vacant,” “we,” “us” and “our” refer to Vacant Museum. Vacant offers this website, including all information, tools, services, products, and materials from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or incorporated herein. By visiting our Site and/or purchasing something from us, you engage in our “Service,” which constitutes an agreement by conduct to be bound by the following terms and conditions (“Terms of Service,” or “Terms”), including those additional terms, conditions, and policies referenced and incorporated herein or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, actual and/or potential brand ambassadors, and/or contributors of content.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any and all portions of these Terms by posting updates and/or modifications to our website. It is your responsibility to check this page periodically for changes. Any such modifications shall be effective immediately. Your continued use or access to the website following the posting of any changes constitutes acceptance of those conditions.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including payment information, e.g. credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. You hereby agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express permission by us.

PRIVACY AND PERSONAL INFORMATION

Your visit to our Site and submission of personal information through the Site is also governed by our Privacy Policy. Your submission of personal information through the store is governed by our Privacy Policy. Vacantreserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

INTENDED AUDIENCE

This Site is intended for adults only. This Site is not intended for any children under the age of 13 years old.

SECTION 2. WEBSITE TERMS OF USE

2.1 SITE USE

Vacant grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Vacant and Vacant may terminate your use of this website any anytime.

2.2 COMPLIANCE WITH LAWS

You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Intellectual Property Laws

When accessing the Vacant Site or using Vacant’s Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Vacant user account.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Inappropriate Content

When accessing the Site or using Vacant Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Vacant reserves the right to terminate or delete such material from its servers. Vacant will cooperate fully with any law enforcement officials or agencies in the investigation of these Terms and Conditions or of any applicable laws.

2.3 WEBSITE USAGE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your province of residence or you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or our service in our store for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction in using our Service (including, but not limited to copyright and/or intellectual property laws). You must not transmit any malware or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of Services rendered to you.

2.4 ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

2.5 LINKS TO THIRD PARTY SITES

Certain content and services available via our Service may include materials from third parties. Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third parties. We do not warrant and will not have any liability or responsibility for any third party materials, websites, content, or services of third parties. We are not liable for any harm or damages related to the use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

2.6 USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, images, plans, or other materials, whether online, by email, by postal mail, Instagram, Facebook, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You agree that we may share any public information, images, reviews, and messages in our social media sites, affiliate sites, and official Site. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Further, any comments made are of the sole opinion of their creator, and do not represent the opinions of Vacant.

GENERALLY

At various locations on the Site, Vacant may permit visitors to post reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms and Conditions.

UNSOLICITED SUBMISSIONS

Except as may be required in connection with your use of Vacant Services, Vacant does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information, or material submitted to Vacant through or in association with this Site shall be considered non-confidential. By providing such submissions to Vacant you hereby grant Vacant a license to use, reprint, distribute, modify, and create derivative works which will be owned by Vacant. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.

2.7 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

2.9 DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, INFORMATION ON THE SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION IN YOUR JURISDICTION.

VACANT PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE.

VACANT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

2.10 LIMITATION OF LIABILITY

VACANT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH VACANT.

EXCEPT FOR THE ACTUAL CHARGES DESCRIBED ABOVE, IN NO EVENT WILL VACANT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING FROM YOUR USE OF THE WEB SITE IN ANY WAY AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES. THESE INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS VACANT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) WHICH MAY FALL WITHIN AN EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS AND CONDITIONS THAT DIRECTLY CONFLICT MAY NOT APPLY.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

SECTION 3. VACANT TERMS OF SERVICE

3.1 MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

3.2 PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Vacant. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported by emailing support within 14 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered.

Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.

Refunds will only be made to the original payment method specified at purchase. Please note that in the case of international shipping, the recipient will be responsible for any and all customs fees and duties charged.

3.3 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3.4 MEMBERSHIP AND SUBSCRIPTION

You may receive emails regarding your account or promotions for special offers, including third party offers. You may change your email preferences or cancel your membership at any time by emailing us.

BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST LOG IN TO YOUR PORTAL AT LEAST 24 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE LISTED ON YOUR ACCOUNT TO AVOID CHARGE. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM.

VACANT MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 24-HOUR NOTICE REQUIREMENT. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.

WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. REFUNDS WILL ONLY BE MADE TO THE ORIGINAL PAYMENT METHOD SPECIFIED AT PURCHASE. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.

YOU AGREE TO NOT HOLD VACANT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, OR CONTENT.

3.5 THIRD PARTY PRODUCTS AND SERVICES

Certain products and services available via our Service may include materials from third parties. We are not responsible for examining or evaluating the content from third parties. We disclaim all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent that your jurisdiction does not allow warranty disclaimers or limitations on warranty, such limitations shall be to the greatest extent possible under the current law in your jurisdiction.

You agree to hold Vacant harmless from any liability or responsibility for third party materials, products, or services or any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

3.6 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement (except as expressly stated by us).

In no case shall Vacant, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

3.7 ERRORS, INACCURACIES, OMISSIONS, AND DELAYS

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

3.8 SOCIAL MEDIA CONTENT POLICY

In addition to any rights we may have in Your Content or Comments, by posting content, including but not limited to photographs, videos, comments, and your applicable social media handle to Vacant-labeled social media, posting such content to your social media accounts using Vacant-associated tags or otherwise associating such content with other hashtags sponsored or affiliated with Vacant (“Social Media Content”), you grant Vacant and any of its third-party content management providers (collectively, the “Licensing Parties”) a perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license to display, copy, publish, distribute, transmit, print, create derivative works from, alter, edit and/or use your Social Media Content in any manner to be determined in Vacant’s sole discretion, including but not limited to on webpages and social media channels operated by Vacant, and for other marketing and promotional purposes, in any media now or hereafter known, with no obligation to you whatsoever. To the extent your social media username, real name, image, appearance, voice, likeness, caption, location or other identifying information (“Identifying Information”) are included as part of your Social Media Content, you hereby grant the Licensing Parties the right and license to use such Identifying Information in connection with any use of your Social Media Content. We will make commercially reasonable efforts to credit you for any such Social Media Content by posting your handle or byline, however we make no assurance to do so and you agree that we are not required to do so.

When you use hashtags sponsored or affiliated with Vacant, you represent and warrant that (i) you own all rights in and to your Social Media Content, or are not aware of any third-party rights that must be obtained to grant the Licensing Parties the rights provided herein; (ii) all person(s) appearing in your Social Media Content have granted permission for the uses and rights described herein; (iii) you are of legal age to consent to this agreement; and (iv) you are not aware of any reason why the use of your Social Media Content by the Licensing Parties as described herein will violate the rights of any third party or any law. You agree you will not post or encourage others to post Social Media Content that is unlawful, harassing, defamatory, obscene, libelous, or otherwise objectionable.

3.9. OWNERSHIP

Except with respect to Your Content, you acknowledge and agree that, as between you and Vacant, Vacant owns all rights, title and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright, trademark, patent and other intellectual property laws and treaties. Either reserve all rights not expressly granted to you.

SECTION 4. MISCELLANEOUS PROVISIONS

4.1 INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vacant and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

4.2 TRADEMARKS

Vacant, the Vacant site, all images and text, and all page headers, custom graphics and button icons are services marks, trademarks, and/or trade dress of Vacant. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

4.2 TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination including, but not limited to direct, indirect, incidental, consequential, special, exemplary, punitive or other damages that naturally flow from your failure to comply with any term of provision of these Terms; and/or accordingly may deny you access to our Services (or any part thereof).

4.3 CHANGES AND UPDATES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

4.4 SEVERABILITY

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that is Agreement will otherwise remain in full force and effect.

4.5 WAIVER

The failure of Vacant to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Vacant must be in writing and signed by an authorized representative of Vacant.

4.6 RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

4.7 PARAGRAPH HEADINGS AND REFERENCES

The headings and paragraph references used herein are for convenience only, and shall not limit or otherwise affect these Terms.

4.8 GOVERNING LAW; VENUE

By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, Materials, Products, or Services shall be instituted in a state or federal court in the State of California.

You and Vacant exclusively and irrevocably agree to submit to the jurisdiction of, and agree that venue is proper in, these aforementioned courts in any such legal action or proceeding. These Terms and Conditions expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

4.9 ENTIRE AGREEMENT

This Terms of Use constitutes the entire agreement between you and Vacant and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and [name of website] with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Vacant reserves the right to revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

4.10 ACKNOWLEDGEMENT

By using the Vacant services or accessing the Vacant Site, you acknowledge that you have read these terms of use and agree to be bound by them.

4.11 CONTACT INFORMATION

If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, please e-mail us.