Terms of Use

VICE News · Official agreement

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30 of 84 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

Terms cover VICE sites that post or link to them

The terms state an effective date of January 1, 2020. They govern use of sites owned or controlled by Vice Digital Publishing, LLC and features, apps, widgets or online services posting or linking to them. Access or use constitutes agreement. Other websites and VICE's offline activities are excluded unless specifically stated.

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Supporting quotations

The Effective Date of these Terms of Use is January 1st, 2020.
These Terms only apply to the web sites that post these Terms, including any features, applications, widgets or online services that post a link to the Terms, whether accessed via computer, mobile device or otherwise (collectively, “Sites”). The Sites are owned or controlled by Vice Digital Publishing, LLC (“VICE”). These Terms do not apply to any other web site or any offline activities by VICE (unless specifically stated). You agree to these Terms by accessing or using any of the Sites.

Qualifications & exceptions

  • Other sites and offline activity are excluded unless specifically stated.

Legal Rights & Agreement Rules · Restriction or exception

Additional terms generally control conflicts

Some services or products may have additional terms or guidelines. When those conflict with these terms, the additional terms control unless they expressly say otherwise.

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Supporting quotations

In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Sites (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Qualifications & exceptions

  • The additional terms may expressly provide otherwise.

Cross-references

Legal Rights & Agreement Rules · Permission or license

Illegal content may be reported to authorities

User Content must not promote illegal activity. If you post illegal content or content violating applicable law, VICE reserves discretion to take action it considers appropriate, including reporting you to government authorities.

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Supporting quotations

Do not upload User Content that is illegal.Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.

Qualifications & exceptions

  • The reporting power is stated for illegal or legally violating User Content.

Legal Rights & Agreement Rules · Restriction or exception

Users promise compliance with applicable law, even for unintentional violations

The terms prohibit intentional or unintentional violations of applicable local, state, national or international law, including identified securities regulations and exchange rules. These examples do not supply or explain the external laws themselves.

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Supporting quotations

intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

Qualifications & exceptions

  • The duty applies to applicable laws and includes unintentional violations.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Users warrant legal capacity or parental approval for minors

You warrant the legal right and capacity in your jurisdiction to enter and comply with these terms, or, if a minor, that a parent or legal guardian approved participation and read and agreed to the terms for you. You also warrant that you hold and will keep the rights needed to perform your obligations. No specific minimum age is established by this clause.

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Supporting quotations

You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has approved your participation on this Site and has read and agreed to these Terms on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.

Qualifications & exceptions

  • For minors the stated alternative requires parental or legal-guardian approval and agreement.

Legal Rights & Agreement Rules · Restriction or exception

VICE need not intervene in disputes between users

You bear sole responsibility for interactions with other site users, online or offline. VICE disclaims responsibility for user conduct and reserves the right, without an obligation, to monitor or join user disputes. The terms advise judgment when interacting or posting personal information.

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Supporting quotations

You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Qualifications & exceptions

  • Covers online and offline interactions with other site users.

Legal Rights & Agreement Rules · Procedure

Promotions may have separate eligibility and participation rules

Sweepstakes and promotions may have separate rules, including age or geographic eligibility limits. You must read those rules to determine whether your participation or entry is valid and what the sponsor requires. No particular promotion's eligibility or prizes are supplied here.

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Supporting quotations

The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

Qualifications & exceptions

  • Specific promotion rules determine eligibility and sponsor requirements.

Legal Rights & Agreement Rules · Context

Third-party links and content are outside VICE's control

Sites and site communications may link to third-party websites or online features, and the sites may include third-party content VICE does not control, maintain or endorse. For third-party social features, users log in at their own risk and VICE disclaims responsibility for those sites and features.

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Supporting quotations

There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features. The Sites also may include third party content that we do not control, maintain or endorse.
Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features.

Qualifications & exceptions

  • The social-feature risk statement concerns third-party accounts and services.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

VICE provides the sites as-is and broadly disclaims warranties

Sites and materials are offered as-is, as-available and with all faults. To the fullest extent law permits, VICE and its listed members, managers, employees, directors, officers, shareholders, agents, vendors and contractors disclaim express and implied warranties or endorsements concerning sites, materials, widgets, downloads, user content, functions, products, services, instructions and transmission security. Examples include merchantability, fitness, non-infringement, title and freedom from viruses. The terms recognize applicable jurisdictions may limit these disclaimers.

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Supporting quotations

THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VICE NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, “VICE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) THE WIDGETS OR DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM VICE OR VIA THE SITES. IN ADDITION, THE VICE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

Qualifications & exceptions

  • Only to the fullest extent permitted by law; applicable jurisdictional limits may prevent the disclaimer.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Operation, safety and information reliability are not guaranteed

The VICE Parties do not promise uninterrupted or error-free service, defect correction, malware-free systems, or accurate, complete, useful, timely or reliable information. Use is at your sole risk, and they do not warrant legality in every jurisdiction. These disclaimers remain subject to applicable laws that limit or prohibit warranty disclaimers.

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THE VICE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED ON THEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE VICE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE VICE PARTIES DO NOT WARRANT THAT YOUR USE OF ANY SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE VICE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

Qualifications & exceptions

  • Applicable jurisdictional restrictions on disclaimers remain preserved.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Users warrant lawful activity wherever they access the sites

By accessing or using a site, you represent and warrant that your activities are lawful in every jurisdiction where you access or use it. This is the user's promise, distinct from VICE's refusal to warrant local legality.

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BY ACCESSING OR USING A SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT SITE.

Qualifications & exceptions

  • Covers each jurisdiction where you access or use the site.

Legal Rights & Agreement Rules · Restriction or exception

VICE disclaims endorsement and liability for User Content

The VICE Parties say they do not endorse or take responsibility for User Content and disclaim liability for resulting loss, damage, injury and claims, including when someone relies on content obtained through a site. The liability section acknowledges that some states disallow exclusion or limitation of incidental or consequential damages, so those exclusions may not apply to a particular user.

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THE VICE PARTIES DO NOT ENDORSE USER CONTENT, ARE NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH A SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Qualifications & exceptions

  • The terms acknowledge state-law restrictions on excluding incidental or consequential damages.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

The terms broadly exclude site-related damages

The VICE Parties seek to exclude direct and indirect damages relating to sites, materials, widgets, downloads, User Content, use or inability to use, investigations, IP enforcement, technical errors and device damage, including lost profits and data. The wording extends to foreseeable harm and negligence, and also purports to exclude death or personal-injury liability. It acknowledges some states disallow incidental or consequential damage exclusions, so those limits may not apply. This reports the clause without deciding enforceability.

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UNDER NO CIRCUMSTANCES WILL THE VICE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) WIDGETS OR THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VICE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN A SITES’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VICE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE VICE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NEITHER VICE NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, “VICE PARTIES”)

Qualifications & exceptions

  • Some states do not permit the specified incidental or consequential damage exclusions.
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

The stated total liability cap is ten U.S. dollars

The clause sets the VICE Parties' total liability to you for all damages, losses or causes of action at US$10. The same paragraph recognizes state-law restrictions on excluding or limiting incidental or consequential damages; it does not promise that the cap is enforceable in every circumstance.

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SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VICE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

Qualifications & exceptions

  • The paragraph acknowledges state-law limits on incidental and consequential damage restrictions.

Cross-references

  • contrast (model-proposed): Users owe broad indemnity and defense obligations — The US$10 cap is written for the VICE Parties' liability to the user, while the indemnity separately places enumerated costs on the user. It is not stated as a reciprocal indemnity cap.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Users agree not to seek injunctions stopping VICE's exploitation

For damages, losses or injuries arising from VICE's acts or omissions, you agree the harm is not irreparable or sufficient to justify an injunction preventing exploitation of VICE-controlled sites, property, products, services or materials. You also agree to no right to restrain their development, production, distribution, advertising, exhibition or exploitation. The clause is about those injunctions, not a waiver of every kind of court claim.

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YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VICE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VICE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VICE PARTIES.

Qualifications & exceptions

  • Concerns harm from VICE's acts or omissions and injunctions against the listed exploitation activities.

Legal Rights & Agreement Rules · Restriction or exception

The terms expressly waive protections for unknown claims

By accessing a site, you acknowledge possible waiver of presently unknown or unsuspected claims and expressly waive the benefits of California Civil Code Section 1542 and similar state or territorial laws. The document quotes that protection as limiting a general release's reach to unknown claims that would materially affect settlement. This explains the text's waiver, not whether it is effective or the current wording of external law.

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BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Qualifications & exceptions

  • The provision targets the stated unknown-claim protection and similar laws.

Legal Rights & Agreement Rules · Restriction or exception

Users owe broad indemnity and defense obligations

You agree to indemnify and hold the VICE Parties harmless, and defend them if VICE requests, against claims, damages, investigations, liabilities, settlements, expenses and attorneys' fees connected directly or indirectly to your content, site activity, actual or anticipated breach, legal violations, misrepresentations or the VICE Parties' use of your information. It also covers rights-infringing or defamatory material transmitted through your access device even if you did not submit it. The US$10 provision limits the VICE Parties' liability to you, not this separately stated obligation.

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Supporting quotations

You agree to indemnify, defend (if requested by Vice) and hold the Vice Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of any Site or activities in connection with any Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Vice Parties’ use of your information.
IN NO EVENT WILL THE VICE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

Qualifications & exceptions

  • Defense is required if requested; the provision includes qualifying device transmissions not submitted by you.

Cross-references

  • contrast (model-proposed): The stated total liability cap is ten U.S. dollars — The US$10 cap is written for the VICE Parties' liability to the user, while the indemnity separately places enumerated costs on the user. It is not stated as a reciprocal indemnity cap.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Procedure

VICE controls indemnified defenses and requires settlement consent

You must cooperate as required in defending claims. The VICE Parties may assume exclusive defense and control of a matter subject to your indemnification, and you may not settle a claim without prior written consent from a duly authorized employee of the VICE Parties.

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Supporting quotations

You will cooperate as required by the Vice Parties in the defense of any claim. The Vice Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Vice Parties.

Qualifications & exceptions

  • Exclusive defense control concerns matters otherwise subject to your indemnification.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Users outside the U.S. bear responsibility for applicable local rules

Access from elsewhere is on the user's own initiative and carries responsibility for U.S. law and applicable local online-conduct and content laws. Users also agree to local rules on online conduct and acceptable content. This does not establish what any particular jurisdiction's rules require.

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Supporting quotations

Anyone using or accessing a Site from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.

Qualifications & exceptions

  • Local-law responsibility applies to the extent the local laws are applicable.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Software downloads and exports carry country and recipient restrictions

The stored terms prohibit downloading, exporting or re-exporting site software into Cuba, North Korea, Iran, Syria or other countries subject to a U.S. goods embargo, or to their nationals or residents; they also prohibit transfers to people on the named Treasury or Commerce lists. Downloaders warrant they are not located in, controlled by, a national or resident of a restricted country, or a restricted individual. These are the agreement's stated restrictions, not a current sanctions determination. The paragraph labels countries 'Restricted Counties' once and later says 'Restricted Countries'; its explicit list is preserved.

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Supporting quotations

Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from any Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods (“Restricted Counties”); or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (“Restricted Individuals”). By downloading any software related to a Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any of the Restricted Countries and that you are not a Restricted Individual.

Qualifications & exceptions

  • Applies to site-related software and the stated countries, nationals, residents and listed individuals.

Legal Rights & Agreement Rules · Context

The terms select U.S. and New York law

The agreement and its interpretation use internal U.S. law and New York law governing contracts entered into and fully performed there, excluding conflict-of-laws principles. The terms expressly exclude the U.N. Convention on Contracts for the International Sale of Goods if otherwise applicable.

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Supporting quotations

THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE INTERNAL LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF NEW YORK GOVERNING CONTRACTS ENTERED INTO AND TO BE FULLY PERFORMED IN THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Qualifications & exceptions

  • Conflict-of-laws principles and the stated international sales convention are excluded.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Procedure

Disputes go to courts in the nearest of three named counties

For legal proceedings directly or indirectly related to the site, access, use or terms, you agree to exclusive personal jurisdiction and venue in state or federal courts in whichever of Cook County, Illinois; 'Manhattan County, New York'; or Los Angeles County, California is geographically nearest your primary residence. The source's New York location label is retained rather than silently corrected. This clause selects courts, not arbitration.

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Supporting quotations

YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN WHICHEVER OF THE FOLLOWING THREE COUNTIES ARE GEOGRAPHICALLY NEAREST TO YOUR PRIMARY PLACE OF RESIDENCE: COOK COUNTY, ILLINOIS; MANHATTAN COUNTY, NEW YORK; OR LOS ANGELES COUNTY, CALIFORNIA (“DETERMINED VENUE”). YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE DETERMINED VENUE FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION.

Qualifications & exceptions

  • The chosen county is the geographically nearest of the three named locations to your primary residence.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

The dispute clause includes a class-action waiver

In the provision governing site-related legal proceedings, you waive any right to resort to any form of class action. This reports the agreement's waiver without deciding its legal enforceability.

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Supporting quotations

YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE DETERMINED VENUE FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION.

Qualifications & exceptions

  • Appears in the clause governing proceedings related to the site, access, use or terms.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

Site claims must be started within one year under the terms

The agreement requires any claim or cause of action you have concerning the site to be commenced within one year after it arises. The stated trigger is when the claim arises, not a specified discovery or notification date.

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Supporting quotations

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Qualifications & exceptions

  • The period begins when the claim or cause of action arises.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

VICE's inaction is not a waiver and informal conduct does not amend terms

VICE's failure to act on a breach does not waive or limit its rights for that or later breaches. Its waiver must be written and signed by a duly authorized officer. Conduct between the parties and trade practice do not modify the terms.

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Supporting quotations

The failure of Vice to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Vice’s rights with respect to such breach or any subsequent breaches. No waiver by Vice of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Vice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

Qualifications & exceptions

  • An effective VICE waiver must be written and signed by an authorized officer.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Permission or license

VICE may assign freely while users need written consent

VICE may assign its rights and duties to any party at any time without notice to you. You cannot assign these terms without VICE's prior written consent. This does not remove the separate membership-transfer prohibition.

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Supporting quotations

Vice may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Vice’s prior written consent.

Qualifications & exceptions

  • User assignment requires prior written consent; the membership clause separately prohibits membership transfers.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Context

Invalid provisions are severable; headings do not control interpretation

An unlawful, void or unenforceable provision is severed without affecting the remaining terms. Section titles are only for convenience and have no legal or contractual effect. Users agree the terms will not be construed against VICE simply because VICE drafted them.

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Supporting quotations

If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Vice by virtue of having drafted them.

Qualifications & exceptions

  • Severance concerns a provision that is unlawful, void or unenforceable.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Context

The terms and applicable additional terms replace prior agreements on this subject

These terms and applicable Additional Terms, as amended, form the entire agreement governing site use and supersede earlier agreements with VICE on the same subject. The opening clause gives conflicting Additional Terms priority unless they expressly state otherwise.

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Supporting quotations

These Terms and any applicable Additional Terms, as amended from time to time, constitutes the entire agreement that governs your use of the Sites and supersedes any prior agreements between you and Vice with respect to the subject matter of these Terms.
To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Qualifications & exceptions

  • Supersession is limited to the same subject; conflicting Additional Terms generally control.

Cross-references

  • qualified by (model-proposed): Additional terms generally control conflicts — The entire-agreement clause includes applicable Additional Terms; the opening priority rule generally gives those terms control over conflicts unless they say otherwise.

Legal Rights & Agreement Rules · Permission or license

Posted updates can bind later site use without advance notice

VICE may modify or add terms at any time without prior notice and may notify users by posting accessible through a homepage link. Later site use, or other conduct VICE reasonably specifies, counts as agreement. Updates apply prospectively from posting or a later stated effective date. Users are told to review terms before use. Separately, fee changes require notice where applicable law requires it; the general update clause does not erase that condition.

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Supporting quotations

Vice reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using any Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges.

Qualifications & exceptions

  • Updates govern use from posting or a later specified date; legally required notice for fee changes is separately preserved.

Cross-references

Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Context

The document identifies WPVIP as the web host

The posted host information names WPVIP Inc., 60 29th Street #343, San Francisco, CA 94110, phone 1-877-273-8550 and privacy@wpvip.com. These are host contact details, not the VICE infringement-reporting address or a statement of the host's data-handling terms.

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Host provider: WPVIP Inc. Host address: 60 29th Street #343 San Francisco, CA 94110 Host phone: 1-877-273-8550 Host email: privacy@wpvip.com