Terms
Please read these Terms of Use before using Volk-Baggin or any features of this site, including, but not limited to, the Volk-Baggin Shop, Content, and other features (collectively, the "Volk-Baggin Web Site" or the "Service"). By using the Service, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Service and do not use the Service or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Volk-Baggin Web Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Online Shopping
In the event a product available on or through the Volk-Baggin Shop is listed at an incorrect price or with incorrect information, Volk-Baggin will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify Volk-Baggin's acceptance of your order, nor does it constitute confirmation of Volk-Baggin's offer to sell. Volk-Baggin reserves the right at any time after receipt of your order to accept or decline your order for any reason. Volk-Baggin may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Copyrights
The contents of the Volk-Baggin Web Site are protected by U.S. and international copyright laws. The contents of the Volk-Baggin Web Site, including all features of the Volk-Baggin Web Site, are owned by or licensed to Volk-Baggin. In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to Volk-Baggin by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Volk-Baggin Web Site without the prior written consent of Volk-Baggin, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Volk-Baggin.
Trademarks
Volk-Baggin®, Volk-Baggin names, logos and other third party content names and logos, are service marks of Volk-Baggin. All rights reserved. You may not use any Volk-Baggin-provided service marks, logos or graphics, without Volk-Baggin's prior written consent, except that you shall have the right, and obligation, to use any Volk-Baggin-provided service mark or logo included in, or required to be used in connection with, any Content, or other functionalities of the Volk-Baggin Web Site, subject to the requirements set forth in these Terms of Use for the use of the Content, or other functionalities of the Volk-Baggin Web Site.
User Materials
Through the Volk-Baggin Contact Us page, and through other features of the Volk-Baggin Web Site, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, and make recommendations, on or through the Volk-Baggin Web Site. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Volk-Baggin staff and on the Internet by the general public. You acknowledge that the Volk-Baggin Web Site, and other features of the Volk-Baggin Web Site, are for public and not private communications.
Framing
Volk-Baggin does not allow framing of the Volk-Baggin Web Site.
Links to Volk-Baggin Web Site
Volk-Baggin encourages and permits links to content on Volk-Baggin Web Site. However, Volk-Baggin is an organization committed to the highest ethics and standards, both in fact and appearance. Therefore, the linking should not (a) suggest that Volk-Baggin promotes or endorses any third party's causes, ideas, web Site, products or services, or (b) use Volk-Baggin content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.
Links to Third Party Sites
Volk-Baggin has provided links to Internet Site maintained by third parties, over which Volk-Baggin has no control. Volk-Baggin does not endorse the content, operators, products or services of such Site, and Volk-Baggin is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such Site. Volk-Baggin 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 use of or reliance on any such content, products or services available on or through such Site.
Rules for Use of the Service
By using the Service, including by registering for the Service, Submitting User Materials through Volk-Baggin, the Contact Us page or other means, using Content, or by using any other features of the Volk-Baggin Web Site, you agree to the following rules:
- You must be at least eighteen (18) years of age to register for or participate in the features of the Volk-Baggin Web Site, Submit any User Materials or personally-identifying information on or through the Volk-Baggin Web Site, participate in any online contests, order transcripts, or place an order on the Volk-Baggin Online Shop. If you are between the ages of 13 and 18, you may browse the Volk-Baggin Web Site or other features of the Service with the consent of your parent(s) or guardian(s), so long as you do not Submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
- You may not Submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.
- You may not Submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.
- You may only Submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Volk-Baggin, Volk-Baggin member stations, and users of the Volk-Baggin Web Site (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
- The Service can only be used for personal, non-commercial purposes. You cannot Submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Volk-Baggin Web Site for campaigning or recruiting votes.
- You may not Submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Service.
- You may not interfere with or disrupt the integrity or performance of the Volk-Baggin Web Site or any portion or contents thereof, or use the Volk-Baggin Web Site in any way which degrades the reliability, speed or operation of the Volk-Baggin Web Site or the underlying hardware or software. You may not attempt to gain unauthorized access to the Volk-Baggin Web Site or related systems or networks.
- By Submitting any User Materials on or through the Service, you hereby grant Volk-Baggin, Volk-Baggin member stations, their licensees, and users of the Volk-Baggin Web Site (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the "User Materials" section.
- You are solely responsible for any User Materials Submitted using your account. Volk-Baggin does not and cannot review all User materials Submitted by you or others and is not responsible for any User materials Submitted by you or others on or through the Service. However, Volk-Baggin has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use, or for any other reason, as determined in Volk-Baggin’s sole discretion.
- By using the Service, you agree to abide by these rules. You acknowledge that Volk-Baggin has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Volk-Baggin has the right to limit or terminate your, or any other person’s, access to or registration in the Service for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.
Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by the Volk-Baggin Web Site and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Volk-Baggin Web Site and these Terms of Use, (d) the User Materials, and their use by Volk-Baggin, Volk-Baggin member stations, their licensees, and users of the Volk-Baggin Web Site and member station web Site (pursuant to these Terms of Use and the terms of use of member station Site) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, or these Terms of Use, and (e) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless Volk-Baggin and its directors, officers, employees, members, licensees and other third party providers from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the User Materials you have Submitted on or through the Service, or (4) Volk-Baggin's publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Volk-Baggin member stations, licensees, and users.
Disclaimer
THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Volk-Baggin DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES Volk-Baggin MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON THE Volk-Baggin WEB Site IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE Volk-Baggin WEB Site IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE Volk-Baggin WEB Site.
LIMITATION OF LIABILITY
IN NO EVENT WILL Volk-Baggin, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL Volk-Baggin, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
RIGHT TO CHANGE Volk-Baggin WEB Site
Volk-Baggin has the right to change the Volk-Baggin Web Site, terminate or cease providing the Volk-Baggin Web Site, or delete content, materials or features in any way, at any time or for any reason or no reason.
Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent
Volk-Baggin respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Volk-Baggin Web Site, please provide the following information in writing to Volk-Baggin's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim 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, and information sufficient to permit us to locate the material.
- information so that we can contact you, such as address, telephone number and e-mail address.
- 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.
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
International Users
The Service is controlled and operated within the United States. Volk-Baggin makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
Miscellaneous
These Terms of Use represent the entire understanding of the parties regarding the use of the Volk-Baggin Web Site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Volk-Baggin Web Site. These Terms of Use shall be governed by and construed under the law of the State of California without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of California. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.
Questions
If you have any questions about the terms of use, please contact Volk-Baggin.