Terms of Service
(Updated January 28, 2023)
1. THIS IS AN AGREEMENT BETWEEN YOU AND VAUGHNSOFT
This is an agreement ("Agreement") between you and VaughnSoft. This Agreement governs
your use of any Web site, Web page and/or Web service operated by VaughnSoft (each, a "Vaughn," "VaughnSoft," "VaughnSoft Media Corporation," "[vn]," "[vn] Vaughn," "Vaughn Software," "Vaughn Network," "Vaughn Chat Robot," "Vaughn Gaming," "Vaughn Bot," "Vaughn Live," the Vaughn Live logo and collectively, the "VaughnSoft Services"). VAUGHNSOFT OFFERS THE VAUGHNSOFT WEB SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE VAUGHNSOFT WEB SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW VAUGHNSOFT MAY MODIFY THIS AGREEMENT
VaughnSoft reserves the right to change the terms, conditions, and notices under which it offers the
VaughnSoft Web Services, including any charges associated with the use of the VaughnSoft
Web Sites. You are responsible for regularly reviewing these terms, conditions and
notices, and any additional terms posted on any VaughnSoft Web Service. Your continued
use of the VaughnSoft Web Services after the effective date of such changes constitutes
your acceptance of/and agreement to such changes.
3. ADDITIONAL TERMS
Any VaughnSoft Web Service may itself contain additional terms (for example, codes of conduct or guidelines)
that further govern use of that VaughnSoft Web Service, including without limitation,
particular features or offers (for example, sweepstakes). If any terms contained
in this Agreement conflict with any terms contained within a VaughnSoft Web Service,
then the terms in this Agreement shall control.
4. NO UNLAWFUL OR HARMFUL USE OF THE VAUGHNSOFT WEB SERVICES
You will not use the VaughnSoft Web Services in any way that
is unlawful, or harms VaughnSoft, its affiliates, resellers, distributors, service
providers and/or suppliers (each, a "VaughnSoft Party" and collectively, the "VaughnSoft
Parties") or any customer of a VaughnSoft Party, as determined in VaughnSoft's sole
discretion. VaughnSoft may tell you about certain specific harmful uses in a
code of conduct or other notices available through a VaughnSoft Web Service, but has
no obligation to do so. You may not use the VaughnSoft Web Services in any way that
breaches any code of conduct, policy or other notice applicable to the VaughnSoft
Web Sites. Without limiting the generality of this section, you may not use the
VaughnSoft Web Services in any manner that could damage, disable, overburden, or impair
any VaughnSoft Web Service (or the network(s) connected to any VaughnSoft Web Service)
or interfere with any other party's use and enjoyment of the VaughnSoft Web Services.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING; REPLICATION OF SERVICES
For materials you post or otherwise provide to VaughnSoft related to the VaughnSoft Web Services (a "Submission"),
you grant VaughnSoft permission to (1) use, copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, modify, translate and reformat your
Submission, each in connection with the VaughnSoft Web Services, and (2) sublicense
these rights, to the maximum extent permitted by applicable law. VaughnSoft will
not pay you for your Submission. VaughnSoft may remove your Submission at any time.
For each Submission, you represent that you have all rights necessary for you to
make the grants in this section. To the maximum extent permitted by applicable law,
VaughnSoft may monitor your e-mail, or other electronic communications and may disclose
such information in the event it has a good faith reason to believe it is necessary
for purposes of ensuring your compliance with this Agreement, and protecting the
rights, property, and interests of the VaughnSoft Parties or any customer of a VaughnSoft
Party. At no time are you granted permission to replicate, modify and/or exploit VaughnSoft
Web Services, in part and/or whole without explicit written permission, which may include
(but not limited to) harm and/or interruption of VaughnSoft Web Services, chat bots that
replicate existing VaughnSoft Web Services features, and/or exploiting VaughnSoft Web Services
for malicious intent.
Your use of any software associated with the VaughnSoft Web Services
will be governed by the terms and conditions of the end user license agreement ("EULA")
accompanying such software. If you receive any software that is not accompanied
by a EULA, then VaughnSoft grants to you a non-exclusive, revocable, personal, non-transferable
license to use such software solely in connection with the VaughnSoft Web Services
and in accordance with this Agreement. VaughnSoft reserves all rights to such software
not expressly granted to you in this Agreement. Such software is protected by copyright
and other intellectual property laws and treaties. VaughnSoft or its suppliers own
the title, copyright, and other intellectual property rights in such software, and
such software is licensed, not sold. You will not disassemble, decompile, or reverse
engineer, such software, except and only to the extent that such activity is expressly
permitted by applicable law. VaughnSoft may automatically check your version of
such software and may automatically download upgrades to such software to your computer
to update, enhance and further develop the VaughnSoft Web Services.
7. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The VaughnSoft Web Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). VaughnSoft does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. All trademarks and/or copyrights are the property of their respective owners. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the VaughnSoft Web Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
8. VAUGHNSOFT MAKES NO WARRANTY
VAUGHNSOFT PROVIDES THE VAUGHNSOFT WEB SERVICES "AS IS," "WITH ALL FAULTS"
AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE VAUGHNSOFT PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED. THE VAUGHNSOFT PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY,
TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES
OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES
OR CONDITIONS THAT ACCESS TO OR USE OF THE VAUGHNSOFT WEB SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE. YOU ACKNOWLEDGE WE CAN/WILL TERMINATE YOUR ACCESS TO VAUGHNSOFT WEB SERVICE
AND/OR VAUGHNSOFT WEB SERVICE ACCOUNT IF WE SHOULD SO DECIDE. THERE ARE NO WARRANTIES THAT
EXTEND BEYOND THE FACE OF THIS AGREEMENT.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VAUGHNSOFT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM VAUGHNSOFT.
You and VaughnSoft agree to arbitrate any dispute arising from these Terms of Service or your use of the VaughnSoft Services, except that you and VaughnSoft are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and VaughnSoft agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to VaughnSoft shall be sent to VaughnSoft, Attn: Legal, 411 Malibu Canyon Drive, Columbia, TN 38401. You and VaughnSoft further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Tennessee; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Tennessee have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Tennessee and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and VaughnSoft will not commence against the other a class action, class arbitration or other representative action or proceeding.
10. THIRD PARTY CONTENT
In addition to the User Content, VaughnSoft may provide other third party content on the VaughnSoft Services (collectively the "Third-Party Content"). VaughnSoft does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the VaughnSoft Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the VaughnSoft Services ("Reference Sites"). VaughnSoft does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the VaughnSoft Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. IDEA SUBMISSION
By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to VaughnSoft or its employees, you acknowledge and agree that VaughnSoft shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY VAUGHNSOFT PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING
FROM THIS AGREEMENT OR YOUR USE OF THE VAUGHNSOFT WEB SERVICES, EVEN IF SUCH VAUGHNSOFT
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES
UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT
SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE
FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY
OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED
BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE VAUGHNSOFT WEB SERVICES, YOU DO
NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY VAUGHNSOFT PARTY WITH RESPECT TO THIS AGREEMENT OR THE VAUGHNSOFT
WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VAUGHNSOFT
This VaughnSoft Web Service agreement is subject to change.