TERMS OF USE

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

a. Parties.

These Terms and Conditions ("Terms of Use", "Terms of Service", or "Terms") together with our Privacy Policy, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vantage Point Media ("VPM", “we,” “us”, or “our”), concerning your access to and use of the https://www.vpmmedia.com Website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto and the services provided through this website (collectively, "Website", “Site”, or "Service".)

VPM offers this Website, including all information, tools, and services available from this Site to you, the User. By using our Site you engage in our “Service” and this is an acceptance of these terms and conditions in full and you agree to be bound by these terms ("Agreement"). Accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Site.

We reserve the right to refuse service to anyone for any reason at any time. 

b.  Relationship of the Parties.

Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

c. No Third-Party Beneficiaries.

Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

d. Power and Authority.

Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

e. Age Restriction.

You must be at least 18 years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. We assume no responsibility for liabilities related to age misrepresentation.

f. Representation and Authority. By using the Site, you represent and warrant that:

1. All information you submit shall be true, accurate, current, and complete;

2. You shall maintain the accuracy of such information and promptly update such registration information as necessary;

3. You shall not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

4. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders;

5. You shall not use the Site for any illegal or unauthorized purpose.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

g. Site Management.

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms;

2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;

3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

h. Reviewing Updates to Terms.

Supplemental Terms or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

h. Disputes.

Any dispute related in any way to your use of this Site shall be arbitrated by state or federal court in Ohio and you consent to exclusive jurisdiction and venue of such courts.

a. Copyright and Trademarks.

Copyright (c) Vantage Point Media

Subject to the express provisions of these Terms:

1. We, together with our licensors, own and control the general copyright and other intellectual property rights of the material on the Site.

2. All the copyright and other intellectual property rights in our website and the material on our website are reserved,

b. Digital Millennium Copyright Act Notice and Policy.

The content on the Site, including without limitation, video, text, photos, and graphics is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws and us and our licensors.

Other than content generated by you, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without prior written permission and that of our applicable licensors, and

c. Copyright Infringement Notification.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us via the Contact page.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

5. A statement that the complaining party has 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;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

   
   

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. Any reliance on the material on this site is at your own risk.

a. Errors, Inaccuracies, Omissions The Site may include information that contains typographical errors, inaccuracies or omissions, including information that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies, or omissions do not effect the true cost, availability, or other details of products or services.

b. Historical Information

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

c. Updates to Website Content

1. We reserve the right, but we have no obligation, to correct any errors, inaccuracies or omissions, and to change or update any information on the Site or on any related Website at any time without prior notice.

2. You agree that it is your responsibility to monitor changes to our Site.

3. No specified update or refresh date applied to the Site or on any related website, should be taken to indicate that all information has been modified or updated.

d. Availability

We try to ensure that the availability and delivery of this Website and the Resources is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. We will try to limit the frequency and duration of suspended or restricted access to this Website. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should this Website or the Resources become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make this Website or the Resources inaccessible to you.​

a. Your Representation & Warranties.

You represent and warrant that your use of the Site will not conflict with any of your existing agreements or arrangements,

b. Requirements for Use.

1. You must ensure that all the information you supply to us in connection with your use of the Site is true, accurate, current, complete and non-misleading.

2. You must abide by all copyright notices, information, or restrictions.

   
   

c. Permitted Uses.

We give you a personal, revocable, non-assignable, non-sublicensable, and non-exclusive right to access and use the Site in the manner permitted by these Terms. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

1. You may retrieve, display and view the Site content on a computer screen for your own personal, non-commercial use only.

2. You may download pages from the Site for caching in a website browser.

3. Download and print documents provided on the Site for that purpose and which include a written statement of that permitted use.

   
   

Notwithstanding the aforementioned restrictions, you may redistribute to any person any newsletter or other promotional communications distributed by or for us.

c. Prohibited Uses 

Except as expressly permitted by section Permitted Uses or the other provisions of these Terms, you must not:

1. Use the Site in any way that violates any international, federal, provincial or state regulations, rules, laws, or local ordinances; or using in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

2. Download, reproduce, modify, copy, distribute, or use for commercial purposes any content without our written permission; 

3. Use any of our trademarks, logos, or copyrighted materials:

   1. in a misleading or disparaging way;

   2. in a way that implies we endorse, sponsor, or approve of your services or products; or

   3. in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material;

4. Sell, rent, sub-license, or redistribute any material from the Site;

5. Use the Site in any way or taking any action that causes, or may cause damage to the Site or impairment of the performance, availability, accessibility, integrity or security of the Site or any third-party websites connected to the Site;

6. Access or otherwise interact with the Site using any robot, spider or other automated means or conducti any systematic or automated data collection activities;

7. Circumvent any authentication or security systems or processes on or relating to our website;

8. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, discriminate against, trick, defraud, or mislead other Users of the Site; 

9. Submit false or misleading information.

   
   

c. Breach of Terms.

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

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

When you contact us using a form or booking calendar on the Website, you are opting in to receiving communications via email or SMS.

a. Email

You can unsubscribe from email at anytime using the Unsubscribe link at the bottom of your email. To resubscribe, sign up as you did inititally.

b. SMS

You can cancel the SMS service at any time. Simply text "STOP" to the short code. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, use SMS to reply with the keyword HELP for more assistance, or reach out directly to info@vpmmedia.com.

Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our Privacy Policy.

Your use of the Website is also subject to the our Privacy Policy. Please review the Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

Certain content, products and services available via the Site 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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for 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.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We do not share, sell, or lease your data to any third party. Please see our Privacy Policy for details.

a. Prices Subject to Change.

Prices are provided in a quote and are included in an agreement once both parties agree. Prices are subject to change and we will provide notice to current clients. 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.

b. Availability.

Certain services may be available exclusively online through this website. Services may have limited quantities.

We reserve the right, but are not obligated, to limit the sales of our 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 service that we offer.

All descriptions of services and pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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

If you do not agree with a modification to these Terms, you should not use the Service.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

This Agreement shall be governed by the laws of the State of Ohio In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Columbus, Ohio.

Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

a.  Disclaimer of Warranties. 

1. We and our affiliates and agents do not warrant or represent We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

2. We do not warrant that the information or results that may be obtained from the use of the Site will be available, suitable, reliable, secure, timely, uninterrupted, accurate or up to date.

3. We do not warrant that the Site will operate at all times without fault.

4. To the extent permitted by law, the website is provided "as is" without warranty or condition of any kind.

5. We disclaim all warranties and conditions of any kind with regard to the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

6. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

7. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the service at any time, without notice to you.

8. We reserve the right to discontinue or alter any or all of the Site and to stop publishing the Site, at any time in our sole discretion without notice or explanation.

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b. No Indirect Damages

To the extent permitted by law, in no event shall we be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

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c.  Limitation of Liability.

In no case shall Vantage Point Media, 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 Site or any products or services procured using the Site, or for any other claim related in any way to your use of the Site 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 Site, 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.

You understand and agree that absent your agreement to this limitation of liability, we would not provide the Site to you.

d.  Third Party Products and Sites

We disclaim all liability with respect to third-party products and third-party sites that you use. Our licensors shall have no liability of any kind under this agreement.

You agree to indemnify, defend and hold harmless Vantage Point Media 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms is determined to be invalid or unenforceable by applicable law, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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).

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

a.  Term.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site

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b.  Termination and Suspension.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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; and/or accordingly may deny you access to all pr part of the Site.

We are not obligated to provide you with any information or content you submit in relation to your use of the Site after termination.  Termination or expiration of these Terms shall not cause your subscription agreement to be terminated, if you have one.

c. Survival.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Questions about these Terms and Conditions should be sent to us via our Contact page.