Terms of Use

VG Chartz Terms of Use - July 2009 Edition.

Your use of the Internet site(s) VGChartz.com or any of the products or services offered on that site or its affiliates (collectively, the "Services") is subject to these Terms. We may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall prevail.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of our Services;

  2. Change, suspend, or discontinue all or any part of our Services;

  3. Refuse, move, or remove any material that you submit to our sites for any reason;

  4. Refuse, move, or remove any content that is posted by you or is otherwise available on our sites;

  5. Deactivate or delete your accounts and all related information and files in your account;

  6. Establish general practices and limits concerning use of our sites;

  7. Pass your registered details to any legal authority or third party if ordered to do so by any competent legal authority.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Content on our sites

Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our users and partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part without obtaining our consent first and without including a reference citation so that it is clear that the works are derived from our sites. If you would like to request permission to use any of the content on our sites please contact bwalton@vgchartz.com.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you have all necessary third party permissions and/or that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our site contains content that we create as well as content provided by third parties. This content includes, among other things, industry sales estimates, forecasts, analysis reports, reviews, features and editorials. It also includes information about products and services offered by parties other than VGChartz Ltd, such as product descriptions, specifications, pricing. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, feedback or other sections of our sites.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with accessing or using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-party sites, products, and Services

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Privacy policy

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please click here to see our full privacy policy.

Your conduct on our sites

If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the Services is the property of VGChartz Ltd, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

  2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content or matters which breach any third party rights or confidentiality;

  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

  6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;

  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

  8. Restrict or inhibit any other user from using and enjoying any public area within our sites;

  9. Collect or store personal information about other end users;

  10. Interfere with or disrupt our sites, servers, or networks;

  11. Impersonate any person or entity, including, but not limited to, a VGChartz Ltd representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

  14. Engage in any illegal or unauthorised activities.

You agree to use our forum services, instant messaging, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you use our sites in breach of our Terms of Use or if you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, and/or to delete your posts from our sites, and to deny you access to our sites, or any combination of these options.

You agree that if you use our sites in breach of our Terms of use that we may in our absolute discretion and without liability to you pass your registered details and details of any posts by you to such competent legal authority or third parties as we see fit.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by VGChartz Ltd for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

Requests to remove certain content from our sites

VGChartz is a responsible website, seeking to respect the legitimate rights of others. Occasionally users of our sites may cause to be posted certain information that you believe breaches your copyright or other legal rights. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights then please contact us at bwalton@vgchartz.com and supply us full details of your concerns including an explanation about why you believe any matters breach your personal intellectual property or other rights. In some cases we may immediately remove the matter in question, in others we may consult with third parties and perhaps invite third parties to serve a counter notice.

Indemnification

You hereby agree to indemnify, defend and hold VGChartz Ltd and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "VGChartz Ltd Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any VGChartz Ltd Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. Your use of our sites;

  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;

  3. The content, the quality, or the performance of content that you submit to our sites;

  4. Your connection to our sites;

  5. Your violation of these Terms; or

  6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

Disclaimers and Law

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

We exclude to the fullest extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of our sites or reliance on or other use of its content. We do not exclude liability for any personal injury or death caused by our negligence, or for fraud by us or for any matter or liability which it would ne illegal for us to exclude liability.

You agree that use of our sites and that any disputes arising out of such use is subject to the laws of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction.