Terms & Conditions


THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT
("Terms") governs your use of our web site ("web site"). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use of the services provided through or in connection with the web site ("services"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them.

Our business name is VectorScout (hereafter "VectorScout" or "Company"). We are the owner of the web site, www.VectorScout.com. All information provided in these Terms pertains to VectorScout and www.VectorScout.com.

If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by VectorScout, through its web site(s).

The following words used in these Terms shall have the following meanings:

1. "Personal Information" shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
2. "VectorScout web site" shall mean all web sites on which VectorScout provides products and/or services.
3. "VectorScout Member or User" shall mean all Users/Members of the VectorScout web site(s) and services.
4. "VectorScout Products and Services" shall mean all products and/or services provided directly by VectorScout.
5. "3rd–Parties" include all advertisers, partners and affiliate vendors that are included on the VectorScout web site(s).

Customers and Users can access these Terms by clicking on the "LEGAL" link that appears on the VectorScout® web site "Homepage" and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.

I. General
A. VectorScout and our web site, www.VectorScout.com have published these Terms as part of our overall effort to provide high quality, reliable services to our Members and Users. We strive to protect your privacy and security of our systems and networks. We also encourage responsible use of VectorScout's, and other ISPs' resources and make sure that we both comply with applicable laws.

B. These Terms describe the types of uses of the VectorScout web site(s). It also describes prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, VectorScout may, in its sole discretion, determine whether a particular use of the VectorScout web site is a violation of these Terms. When we become aware of a violation of these Terms, we may take any action we deem appropriate to address the violation, as referenced below.

C. These Terms are being implemented for all Users of the VectorScout web site(s) and services. These Terms supplement, but do not supersede, any contracts Members may have with VectorScout; if such a contract restricts a use of the VectorScout web site that is not addressed in these Terms, the contract will govern with respect to such use.

D. OUR MISSION AND DESCRIPTION – Through our web site, we provide Users with access to a variety of resources, including download areas, communication, services and product information. The services, including any updates, enhancements, new features, and/or the addition of any new web site properties, are subject to these Terms, as may be amended from time to time.

1.VectorScout is primarily a service where various content can be exchanged between those who provide content to the VectorScout web site(s) and those who wish to use or license such content. While VectorScout has made reasonable efforts to correctly categorize and keyword the content, there is no warranty as to the accuracy of such information.

VectorScout provides vector images to Users/Members, who can purchase them either with a Standard License, or an Extended License. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by 3rd-parties, including service providers, Users, Members or any other user of the VectorScout web site(s), are those of the respective 3rd-parties or User(s)/Member(s) and not VectorScout. Neither VectorScout nor any 3rd-party or other User/Member guarantees the accuracy, completeness, or usefulness of any content, product or item nor its merchantability or fitness for any particular purpose.

2. VectorScout neither endorses, nor is responsible for, the accuracy or reliability of any opinion, advice or statement made on the VectorScout web site by anyone other than an authorized VectorScout employee or spokesperson, while acting in their official capacities. Under no circumstances will VectorScout be liable for any loss or damage caused by a User's reliance on information obtained through the VectorScout web site. It is the responsibility of a User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available from or through the VectorScout web site.

Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

E. PAYMENTS/REFUNDS – VectorScout accepts Paypal and 2Checkout as payment options, and all Users/Members are subject to their individual terms of use, privacy policies and other legal requirements, which Users/Members can review at the following links:

PAYPAL – TERMS OF USE
https://cms.paypal.com/au/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_AU

PAYPAL – PRIVACY POLICY
https://cms.paypal.com/au/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_AU

2CHECKOUT – TERMS OF USE
http://www.2checkout.com/documentation/termsofuse.html

2CHECKOUT – PRIVACY POLICY
http://www.2checkout.com/documentation/privacy.html

Users/Members are encouraged to review the Terms of Use and Privacy Policy of each payment partner. Our Privacy Policies regarding use and protection of User/Member information is detailed on a separate web page on this web site or by going to our "Homepage" and clicking on "PRIVACY".

Refund Policy - If a file is found to be corrupted, defective, unusable or not available for download for whatever reason, VectorScout will provide a refund of your purchase price on request. User/Member may request a refund be notifying Customer Support at Support@VectorScout.com. All approved refunds will be processed back through the payment processor used for payment.

F. MEMBER ACCOUNT, PASSWORD AND SECURITY - If any of the Services on our web site require User/Member to open an account, User/Member must complete the registration process by providing VectorScout with current, complete and accurate information as prompted by the applicable registration form. User/Member also will choose a password and a User/Member name. After registering, you will receive an Activation E-mail that will contain a link to go to, in order to activate your Account. User/Member is entirely responsible for maintaining the confidentiality of any password and account information.

Furthermore, User/Member is entirely responsible for any and all activities that occur under its account. User/Member agrees to notify VectorScout immediately of any unauthorized use of their account or any other breach of security. VectorScout will not be liable for any loss that may incur as a result of someone else using User's/Member's password or account, either with or without their knowledge. However, User/Member could be held liable for losses incurred by VectorScout or another party due to someone else using their account or password. User/Member may not use anyone else's account at any time, without the written permission of the account holder.

G. USER/MEMBER AND LICENSE TYPE – User/Member benefits, including license type, are explained in more detail on our web site. However, there are two (2) memberships available, with the higher one allowing additional Services and options than the one below it. The two (2) Membership Levels are Personal and Commercial and correspond to the type of licensing provided. The artist/content provider and VectorScout provides User/Member with a perpetual, non-exclusive and non-transferable worldwide license. User/Member is permitted to use the content item purchased and downloaded from the VectorScout web site(s) for the specified uses (as set forth herein). All other rights relating to the content, including, all copyright and other intellectual property rights, are retained by VectorScout or the original content artist/designer/creator.

The following are the two license types:

1. PERSONAL LICENSE

a. VectorScout grants you a personal, non-exclusive, non-transferable, license, to use and reproduce vectors in the following ways:

(i) Marketing, promotional design and graphics, TV, movies or commercials, flyers, brochures and catalogues (all formats); Web site design and development; Promotional items; Books and all print media, including magazines and newspapers; Electronic books, computer or other electronic device screen savers and digital banner advertising; Posters, billboards, banners and signs; Logo and branding design; Web-based and on-line digital publishing; Software, including smart-phone, digital tablets and other electronic devices.

(ii) If User/Member develops a service or a product (excluding electronic device apps for iPad, iPhone, software or video games) that uses or contains our content, an Commercial License must be purchased. If User/Member has a print, production or download run that exceeds 200,000 units, a Commercial License must be purchased.

(iii) Our content is not available for use if the vector file is available for resale in any form or vector format, or where the vector EPS file is transferred to another entity as a part of any transaction. For example, Users/Members are prohibited from downloading any content, editing it and selling or distributing the item in any vector format, i.e. PDF, EPS, Ai, FLV. It is strictly prohibited from using our content when there is the possibility that a file can be downloaded, copied or extracted, then used by a 3rd-party.

NOTE: Violation of these terms will require us to file infringement of copyright proceedings against the violator.

b. PROHIBITED USE
(i) None of the content offered by us may be used in any design template application that User/Member intends for resale, unless a Commercial license option is purchased. None of our content may be used in any product that will be available for re-distribution or re-use (such as flash web sites, web templates, etc.) or where such content can be extracted or "ripped" or reproduced in its digital vector format. Note: Simply encoding or locking a digital file does not constitute protecting it against 3rd-party use in any way.

(ii) Only the User/Member is licensed to use our content. A User/Member may, however, transfer files containing our licensed content to your clients/customers, printers, or ISP for the purpose of reproduction for uses permitted by our license to you, provided that none of the named parties shall receive rights to use our content in any way, other than in the file received from User/Member. User/Member is permitted to make one (1) backup copy of our content. If User/Member is unsure of a permitted use, they are advised to contact Customer Service at Support@VectorScout.com.

(iii) None of our content may be used in any obscene, immoral, infringing, defamatory way, nor cause any legal action.

(iv) None of our content may be sub-licensed, re-sold, rented, loaned, assigned, gifted, transferred or distributed in any vector- based format, for any reason.

(v) User/Member is responsible for securing our content and assuring that it is not available to any 3rd-parties, whether through negligence or intent. User/Member shall not allow distribution on any peer-to-peer network at any time. Neither the Standard nor Expanded License allows the use of any part of our content to be available on a competing web site or business, in any format, or in any conflict of interest scenario.

NOTE: VectorScout licenses and these Terms may be updated from time to time, in order to include relevant newly created media types, usage or applications. These licenses and Terms are retrospective and supersede any previous versions or updates. Users/Members are advised to review these licenses and Terms often for any changes.

2. COMMERCIAL LICENSE

a. VectorScout grants you a personal, non-exclusive, non-transferable, license, to use and reproduce vectors in the following ways, in addition to, and including, all Personal License applications:

(i) User/Member is permitted to use our content on products (digital or hardcopy) for resale such as t-shirts and other fabric imprints, flags, postcards, stickers, posters, coffee mugs, calendars or other promotional material. Digital reproduction in non-vector formats (jpg, gif, bmp ) on web sites, such as Cafepress or similar; Commercial software applications or graphic user interface (GUI) design for resale, with no limitations regarding the number of copies or print run.

(ii) User/Member is permitted to use our content in web site templates, document templates, wallpapers, screensavers, electronic cards or similar products for resale with no limitations regarding the number of copies.

NOTE: All prohibitions from section I (G)(1)(b) are included in this section.

(iii) None of our content may be used in any obscene, immoral, infringing, defamatory way, nor cause any legal action.

(iv) None of our content may be sub-licensed, re-sold, rented, loaned, assigned, gifted, transferred or distributed in any vector- based format, for any reason.

(v) User/Member is responsible for securing our content and assuring that it is not available to any 3rd-parties, whether through negligence or intent. User/Member shall not allow distribution on any peer-to-peer network at any time. Neither the Personal nor Commercial License allows the use of any part of our content to be available on a competing web site or business, in any format, or in any conflict of interest scenario.

NOTE: VectorScout licenses and these Terms may be updated from time to time, in order to include relevant newly created media types, usage or applications. These licenses and Terms are retrospective and supersede any previous versions or updates. Users/Members are advised to review these licenses and Terms often for any changes.

2. For a "Trial Version", if User does not cancel the Service before the Free Trial Period expires, the Service will automatically be converted into a paid subscription, and User expressly authorizes VectorScout to charge User's credit card for the applicable fees, as indicated at the time User registered for the Service.

3. User agrees that Annual subscriptions will automatically renew upon the anniversary date. This means that unless User cancels their account or changes its renewal setting prior to its expiration, the Account will automatically renew for another year. At the time of renewal, User's credit card will be charged the then-current fee to renew the Service. About thirty- (30) days prior to the expiration date of your Service, VectorScout will notify you by using the email address provided at registration, stating that the Account is about to renew and we will remind you that your credit card will be billed the Service fees on the anniversary date.

H. VectorScout administers this web site from our offices in Australia. We make no representation that our content, products, supplies, materials or other services available on this web site are appropriate or available for use outside Australia. If you choose to access this web site from outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.

II. Revisions to this Policy

From time to time, we will make changes to these Terms and we reserve the right to modify these Terms at any time. If we make any changes to these Terms, we may email you or provide a notice on the VectorScout Home Page, although such email or notice is not required. Regardless of whether we notify you, we urge you to check this page frequently for updates or changes, since your continuing use of the VectorScout web site and services is your explicit continuing acceptance of our Terms and any
modifications thereto.

III. Obligations of User

A. Use of the VectorScout web site as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.

1. Illegal/Criminal Activity – The VectorScout web site may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, redit cards, or personal information; and threats of physical harm or harassment.

2. Security Violations – The VectorScout web site may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

User/Member is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User/Member is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

3. Threats – The VectorScout web site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

4. Offensive Materials – The VectorScout web site may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users/Members agree to adhere to the following requirements:

a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User/Member shall not:

i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User/Member or VectorScout personnel or other companies or individuals;

ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;

iii. Unreasonably annoy (particularly with SPAM) any other User/Member;

iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;

v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).

vi. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:

Sending chain letters;
Sending identical messages to more than one (1) User/Member at the same time;
Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).

b. You may not provide, post or otherwise distribute, User/Member content that:

Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
Violates any right of VectorScout, or any 3rd-party;
Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
Interferes with any User's/Member's uninterrupted use of the VectorScout website;
Advertises, promotes or offers to trade any goods or services;
Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
Disrupts, interferes with, or otherwise harms or violates the security of the VectorScout web site or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the VectorScout web site;
"Flames" any individual or entity (e.g. sends repeated messages related to another User/Member and/or makes derogatory or offensive comments about another User/Member or individual), or repeats prior posting of the same message under multiple threads or subjects.

WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY VECTORSCOUT.

c. User/Member is further prohibited from the following activities:

Employing any mechanisms, software or scripts when using the VectorScout web site. However, the User/Member may use the interfaces or software provided by VectorScout within the scope of the services available on our web site and in accordance with these Terms;
Blocking, overwriting, modifying and copying of any contents of the VectorScout web site. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of our services, and is therefore prohibited;
Distributing or publicly disclosing the contents of the web site or any of its terms, without written permission from VectorScout; or
Performing any actions that may impair the operability of the VectorScout web site infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software

5. Spam - Spam is an unacceptable use of the VectorScout web site. Spam includes any of the following activities:

a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.

b. Collecting responses from unsolicited e-mail.

c. Sending any unsolicited e-mail that could be expected, in VectorScout's opinion, to provoke complaints.

d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials.

e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.

f. Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin.

g. Using VectorScout facilities to violate what could reasonably be considered a violation of another Internet Service Provider's (ISP) acceptable use policy and/or terms of service.

6. Indirect Access - A violation of these Terms by someone having only indirect access to the VectorScout web site through a User/Member, will be considered a violation, whether or not with User's/Member's knowledge or consent.

7. In addition, these policies apply to any email or content transmitted by User/Member, or on your behalf, that uses a VectorScout account as a mailbox for responses or promotes content, hosted or transmitted, using VectorScout facilities, or that indicates, in any way, that VectorScout was involved in the transmission of such email or content.

B. The resale of VectorScout products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.

C. Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by VectorScout, in its sole discretion.

D. When feasible, it is VectorScout's preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by VectorScout, in its sole discretion. VectorScout may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.

IV. Uses and Other Policies

A. When using our services, User/Member warrants and represents that all of the data provided by you is accurate and complete. User/Member shall report any modifications in the data to the VectorScout web site, immediately, upon any changes occurring.

B. User/Member shall not be allowed to have multiple accounts. You may only establish one (1) User/Member account. If VectorScout finds that User/Member has established more than one (1) account, use of our Services may be suspended or terminated, subject to the sole discretion of VectorScout.

C. User/Member warrants and represents that they are of legal age (18 or older) to use our services, at their time of use, or that they are a legal entity, created by operation of law.

D. User/Member may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.

E. User/Member may not post, distribute or republish in any way, any portion of the VectorScout web site content to any Internet, Intranet or Extranet web site or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.

F. User/Member may not distribute any of the VectorScout web site content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.

G. User/Member may not copy any of the VectorScout web site content without written permission from us or as permitted by these Terms. User/Member agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the VectorScout web site. User/Member may not insert any code or product or manipulate the content of the VectorScout web site, in any way that affects the User/Member experience, and further, may not use any data mining, data gathering or extraction method on the VectorScout web site.

H. Requests to use VectorScout content for any purpose other than as permitted in these Terms shall be directed to VectorScout at: Support@VectorScout.com

I. VectorScout shall not be liable for User/Member interactions with any 3rd-parties, businesses and/or individuals found on the VectorScout web site or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User/Member and such 3rd-parties, businesses and/or individuals. User/Member understands and agrees that VectorScout is not responsible for any damage or loss incurred as a result of any such dealings. VectorScout is under no obligation to become involved in disputes between Users/Members of our web site, or between Users/Members on our web site and any 3rd-party. In the event of a dispute, User/Member agrees to release VectorScout, its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. See additional General Disclaimers and Limitations of Liability located in paragraph V of these Terms.

V. General Disclaimers and Limitations of Liability

A. While VectorScout uses reasonable efforts to include accurate and up-to-date information,VectorScout specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all VectorScout web sites, either now operating or created in the future. VectorScout disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. VectorScout disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the VectorScout web site.

B. VECTORSCOUT WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE VECTORSCOUT WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. VECTORSCOUT EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VECTORSCOUT DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE VECTORSCOUT WEB SITES. VECTORSCOUT DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE VECTORSCOUT WEB SITES VECTORSCOUT DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE VECTORSCOUT WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE VECTORSCOUT WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER/MEMBER CONTRIBUTIONS PROVIDED TO THE VECTORSCOUT WEB SITES.

C. USER/MEMBER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE VECTORSCOUT WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER/MEMBER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO

JURISDICTION.

E. VECTORSCOUT AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS/MEMBERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER/MEMBER COMPUTER EQUIPMENT OR OTHER PROPERTY.

F. UNDER NO CIRCUMSTANCES SHALL VECTORSCOUT BE LIABLE TO ANY USER/MEMBER ON ACCOUNT OF THAT USER'S/MEMBER'S USE OR MISUSE OF, OR RELIANCE ON, THE VECTORSCOUT WEB SITES, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF VECTORSCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE VECTORSCOUT WEB SITES, FROM INABILITY TO USE THE VECTORSCOUT WEB SITES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE VECTORSCOUT WEB SITES (INCLUDING SUCH DAMAGES INCURRED BY 3RD-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH, OR ADVERTISED ON, THE VECTORSCOUT WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE VECTORSCOUT WEB SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE VECTORSCOUT WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE VECTORSCOUT WEB SITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE VECTORSCOUT WEB SITES OR ANY INFORMATION, SERVICE OR CONTENT THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO THE VECTORSCOUT WEB SITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. PLEASE CHECK WITH YOUR

JURISDICTION.

H. VectorScout does not make any warranties or representations regarding any data, service and/or information provided or made available by any User/Member on any of the VectorScout web sites or on any external web sites linked to them. In particular, VectorScout does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.

I. User/Member may report the activities of any other User/Member that violates applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to Customer Service at Support@VectorScout.com.

J. Without limiting the foregoing, under no circumstances shall VectorScout be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.

VI. Indemnity

User/Member agrees to indemnify, defend and hold harmless VectorScout, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:

1. User/Member use of the VectorScout web site(s);

2. VectorScout's use of any User/Member content or information, as long as such use is not inconsistent with these Terms;

3. Information or material provided through User's/Member's IP address, even if not posted by User/Member; or

4. Any violation of these Terms by User/Member.

VII. Errors in Advertisements

On occasion, a product or service offered by advertisers on VectorScout's web site may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other User/Member, User/Member agrees that VectorScout is not responsible for such errors or discrepancies and that User's/Member's only course of action is to contact the appropriate advertiser or other User/Member.

VIII. Copyright

A. The VectorScout web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under Australia and International copyright laws. VectorScout owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original to it. User/Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of VectorScout and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

B. In accordance with Australia and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to Support@VectorScout.com or by Australia Post, to:

VectorScout
5 Roper Place
Doncaster East 3109,
Melbourne, Australia

IX. Additional Terms

A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User/Member agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of VectorScout.

B. These Terms and the contractual relationship it creates, shall be governed by the laws of Australia, without giving effect to any principles of conflicts of laws.

X. Discontinuation of Service and Force Majeure

A. VectorScout may modify, suspend, discontinue or restrict the use of any portion of the VectorScout web site, including the availability of any portion of the content at any time, without notice or liability.

B. VectorScout may deny access to any User/Member, at any time, and for any reason. In addition, VectorScout may, at any time, transfer rights and obligations under these Terms to any current or future VectorScout subsidiary or business unit, or any companies or divisions or any entity that acquires VectorScout or any of its assets.

C. User/Member acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the VectorScout, or any other, web site. VectorScout shall, nonetheless, endeavour to keep its web site available without interruption. Events related to maintenance, security or capacity requirements and/or events beyond our control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided.

XI. Data Protection

A. VectorScout recognizes that any data provided by User/Member to us is extremely important and we shall, therefore, be particularly sensitive in handling such data.

B. Users/Members are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, VectorScout shall do what is reasonable to safeguard your data, subject to this cautionary limitation.

C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks.

D. Accordingly, VectorScout shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. PLEASE SEE OUR PRIVACY POLICY,

STATED SEPARATELY, ON THE VECTORSCOUT WEB SITE.

XII. Right To Content Use

A. When User/Member posts content or contributions to the VectorScout web site, User/Member grants VectorScout a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution that VectorScout is entitled to utilize for any purpose allowed by these Terms. In particular, VectorScout is entitled to use said content or contribution posted by User/Member for marketing or in any other way. VectorScout may use User/Member content or contributions in any form, format, or medium of any kind now known or later developed. Although User/Member grants VectorScout a license, as stated above, WE DO NOT OWN USER/MEMBER CONTENT. This license grants us certain rights and also proscribes limitations of what we may do and not do with the content, more fully described as follows:

1. VectorScout may not sell or give away User/Member content as permanent downloads or physical copies, alone or in a compilation;

2. VectorScout may not continue exercising the license after User/Member provides us with a request for termination, as described below;

3. VectorScout may not use, license or sub-license another party to use User/Member content outside of the VectorScout web site;

4. VectorScout may let other parties exercise these rights on the VectorScout web site, which permits the license to become sub-licensed;

5. VectorScout may exercise these rights without paying User/Member any remuneration, royalties or other fees, whatsoever;

6. VectorScout may exercise these rights throughout the VectorScout web site(s), worldwide;

7. User/Member may grant similar licenses to others;

8. User/Member may terminate the license at any time by following the steps described below:

a. To request deletion of User/Member content, User/Member must send an e-mail to Customer Service at Support@VectorScout.com, stating the e-mail address associated with the particular content you wish to delete, along with the words "Delete User/Member Content" in the subject line. Please note that if User/Member subsequently places the same or similar content on the VectorScout web site, this deletion notice will become null and void.

B. VectorScout grants a right of use over all User/Member-posted content or contributions to its web site(s) to other Users/Members. Copying, downloading, disseminating, distributing and storing of the contents of the VectorScout web site is, with the exception of the cache memory when searching for VectorScout web pages, prohibited, without VectorScout's express written consent.

C. All information, content, services and software displayed on, transmitted through or used in connection with the VectorScout web site, with the exception of User/Member content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by VectorScout, except for those items that are copyrighted and/or owned by their respective businesses or individuals.

D. User/Member also grants VectorScout the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication User/Member provides or otherwise submits for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation or remuneration of any type to User/Member.

E. Without limiting the generality of the previous paragraphs, User/Member authorizes VectorScout to share User/Member-posted content across all web sites, to include User/Member content in a searchable format accessible by other Users/Members of the VectorScout web sites, now in use or later developed, to place advertisements in close proximity to such User/Member content, and to use User's/Member's name, likeness and any other information in connection with VectorScout's use of the material User/Member provides.

F. Prohibited uses do not include any other use that VectorScout expressly authorizes in writing.

G. Content on VectorScout web sites includes a combination of content that we create, that our advertisers, affiliates, partners or our Users/Members create. All materials published on our web 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 advertisers, affiliates or partners. User/Member 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 web sites, in whole or in part.

H. VectorScout does not guarantee the accuracy, the integrity or the quality of the posted content on our web site and User/Member may not rely on any of this posted content. Without limitation, VectorScout is not responsible for postings by Users/Members in the User/Member opinion, message board, forum or feedback sections of our web sites.

I. UNSOLICITED IDEA SUBMISSION POLICY – VECTORSCOUT AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN VECTORSCOUT'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO VECTORSCOUT OR ANYONE AT VECTORSCOUT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT VECTORSCOUT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

XIII. Statute of Limitations

You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than Melbourne, Australia courts.

XIV. Online Acceptance

These Terms represents the entire understanding between User/Member and VectorScout and supersedes any prior statements or representations. IF USER/MEMBER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by clicking "I agree to the VectorScout Terms and Conditions of Use and the License Agreement contained therein" upon sign up, downloading and uploading, User/Member is entering into a binding and legal agreement.

XV. Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

XVI. Incident Reporting

Any complaints regarding violations of these Terms by a VectorScout User/Member should be directed to Customer Service at Support@VectorScout.com. Where possible, include details that would assist VectorScout in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

XVII. Contact Information

Please contact VectorScout Customer Service by sending an email to Support@VectorScout.com. You may also send mail, via Australia Post, to us at:

VectorScout
5 Roper Place
Doncaster East 3109,
Melbourne, Australia

XVIII. Newsletter

A. VectorScout regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users/Members. In these Newsletters, we may inform you about new services, features or products. B. User/Member may choose to unsubscribe from the Newsletter at any time by sending an email to Customer Service at Support@VectorScout.com.

XIX. Effective Date

THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON OCTOBER 07, 2013.