Terms & Service
1. These Terms of Service (“TOS”) govern Your access and use of the VDBP Collective website (the “Site”). When You access and make use of the Services (as hereafter defined) in their present form, or as they may be modified from time to time, You are agreeing to these TOS, which create a legally binding agreement between You and Vin Di Bona Productions Partnership, a California corporation (Hereafter, “VDBP”).
2. As used in these TOS, the terms “You” and “Your” will collectively mean the entity authorizing You to access this Website and use the Services, and You individually.
3. As used in these TOS, the term “Services” shall collectively mean the all of the services that VDBP provides through this site, including, but not limited to providing access to forums and discussion groups, making certain content available for your use, making certain resources available, publishing newsletters and articles of interest, presenting opportunities to You for your content and/or website or other enterprise and any other services which VDBP may make available from time to time.
4. Unless otherwise stated, these TOS shall apply to all Services provided by VDBP through this Site. In addition, from time to time, we may offer other services, which may be subject to additional terms. In such event, You will be notified of any such additional terms prior to Your election to make use of those other services.
6. If You do not agree to any provision of these TOS as currently posted, or as may be amended from time to time by VDBP in its sole discretion, then You agree to immediately notify VDBP, and cease accessing this Site and stop using the Services.
2. Registration; Account Security.
1. Intended User. VDBP is intended for use by people who are 18 years of age or older. Persons under the age of 18 are prohibited from creating an account with VDBP. You affirm that at the time You create an account with VDBP, that You are at least 18 years of age. In addition, You affirm that you have not been previously suspended or removed from the Services and do not have more than one VDBP account. VDBP reserves the right to refuse registration, or refuse or limit access to the Services to any person or entity, in our sole discretion. We may, without notice and in our sole discretion, terminate Your right to use the Services, or any portion of thereof, and block or prevent Your future access to and use of the Services, or any portion thereof.
2. Account Registration. Account registration is required to use the Services. You represent and warrant that You will provide accurate, current and complete information (including information about You and any other authorized users) in any registration or other account-related forms on the Site (the “Registration Information”) and agree to maintain the security of Your username and password. You will maintain and promptly update Your Registration Information to keep it accurate, current and complete.
3. Account Security. The confidentiality of Your username and password for Your account with VDBP is Your responsibility and You are solely responsible to VDBP for activities in Your account. You agree that You will not share your log-in credentials (including Your password) with others, or do anything that might jeopardize the security of Your account. You also agree to notify VDBP immediately of any unauthorized or improper use of Your password and/or Your account.
5. Electronic Communication. When You register and use the Services, or send e-mails to us, You are communicating with us electronically and You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
3. The Services.
1. Grant of License. Subject to the terms of this TOS: (i) VDBP hereby grants You a non-exclusive, non-transferable, revocable, worldwide license (without the right to grant sublicenses) to access through a browser interface via an assigned username and password and use the Services solely for Your personal use in the normal course of Your business.
2. Restrictions. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Services, in whole or in part, available to any third party; (ii) modify or make derivative works based upon the Services; (iii) reverse engineer or reverse compile any part of the Services; (v) access the Services in order to design, develop, build, market or support a competitive product or service; (vi) design, develop, build, market or support a product using similar ideas, features, functions or graphics of the Services; (vii) or (viii) sell, rent, lease, lend, loan, or distribute the Services, in whole or in part.
3. Ownership. Subject to the rights granted to You above, VDBP and its licensors and suppliers own and retain all right, title, and interest in and to the following (collectively, “VDBP Property”): (a) the Services, this Site, and all other software, hardware, technology, documentation, and information provided by VDBP in connection with the Services; (b) all ideas, know-how, and techniques that may be developed, conceived, or invented by VDBP during its performance under these TOS; and (d) all worldwide patent, copyright, trade secret, trademark and other intellectual property rights in and to the Services.
4. Third Party Content. VDBP makes an extensive library of content available to you for your use. All such content is either owned by VDBP, or is owned by third parties and is used with each such owner’s permission. In connection therewith, VDBP hereby grants You a royalty free, limited, revocable license to use any such content made available to You through the Services for the limited purposes of using any such content in connection with your use of the Services and/or the participation in certain programs or product offerings made available by VDBP through this Site. Notwithstanding the foregoing, you are using any such content subject to the terms of any license provided by the content owner and you are prohibited from removing any copyright notification or other indicia of ownership.
4. Your Content.
1. License to Content. You hereby grant VDBP a non-exclusive, worldwide right (i) to use and display any information, commentary, creative works, videos, images, text and other materials that you provide to us or that are otherwise uploaded to, or captured by the VDBP Platform (collectively, “Content”) while You use the Services, and (ii) to create aggregated or redacted forms of Content that do not identify You or any users of Your account (“Aggregated Content”) for VDBP’s business purposes.
2. Content Ownership. VDBP does not obtain any rights under these TOS from You or Your licensors to any of Your Content. You represent and warrant to VDBP that: (a) You or Your licensors own all right, title, and interest in and to Your Content, and (b) You have all rights in Your Content necessary to grant the rights contemplated by these TOS. We may disclose Your Content to provide the Services to You, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
3. Content Management. Some areas of the Services allow You to share your Content with others. Even though You retain all ownership rights in Your Content, there are many things that a user or recipient of Your Content can do with Your Content. For example, a recipient of Your Content may copy it, modify it, re-share it, or broadcast it. You agree that VDBP has no responsibility for that activity. In addition, you acknowledge and agree that publishing Your Content through the Services is no substitute for registering Your Content with the U.S. Copyright Office, or any other rights organization. Please consider carefully what Content You choose to share and with whom.
4. Reviews, Comments and Communications. The Services may allow You to post reviews, comments and other communications (collectively, “Comments”) regarding content posted, uploaded or otherwise made available through the Services. So long as any such Comments are not illegal, objectionable, defamatory, obscene, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to others, You may post Comments to content. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments. VDBP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review all posted Content.
5. Purchase of Additional Services.
1. Additional Services. From time to time, You may wish to purchase additional services that VDBP makes available in conjunction with Your use of the Services (“Additional Services”). You may access such Additional Services by clicking on the appropriate banners or buttons displayed on this Site identifying such Additional Services. You will be prompted to complete one or more online forms to initiate the Additional Service You are interested in purchasing. Fees for Additional Services will be displayed before you initiate a purchase. Sales or other taxes may be applicable and You agree to pay all such taxes in addition to the fees assessed for the Additional Services You are purchasing.
2. Payment. All payments for Additional Services will either be made by credit card, which shall be processed through VDBP’s credit card processor, or through other approved electronic payment means, such as PayPal®, Apple Pay® or Google Wallet®. You agree to use a valid payment method accepted by VDBP for purchasing any Additional Services. Your purchase of any Additional Services will not be complete, and the Additional Services will not be made available to you, until VDBP has received confirmation of payment.
6. Term and Termination.
1. Term. The term of Your authorization to access and use the Services shall be for an indefinite period of time, but may be terminated by VDBP at any time without any penalty.
2. Termination upon Notice. VDBP may terminate Your rights to access and use the Services at any time, in its sole discretion, upon providing You with thirty (30) days advance notice. Any such notice shall be delivered to Your email address that You provided with your Registration Information.
3. Termination upon Breach. If You breach any provision of these TOS, including, but not limited to, providing false Registration Information, breach any provision of the license granted to You by VDBP by these TOS, engage in any unauthorized use of the Services or engage in any prohibited act as identified in these TOS, VDBP may, in its sole discretion, terminate Your rights to access and use the Services immediately, without additional notice to You. VDBP’s termination of Your rights to access and use the Services for any such breach is not an exclusive remedy and VDBP reserves all other rights at law and in equity it may have against You for any such breach.
7. Permitted Use of the Services.
1. The Services are the property of VDBP, Inc. and Your access to the Services is solely with our permission. Any unauthorized access or use will, among other things, be deemed a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of the Services, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies, as we deem reasonably necessary.
2. You expressly agree that You will only use the Services for lawful purposes.
8. Prohibited Use of the Services. You are prohibited from doing any act that has the effect of undermining the integrity of our reputation, our computer systems and network infrastructure, this Site, our Services and the method by which we provide our Services to our users. As a material term of these TOS, You expressly agree that You shall NOT do any of the following:
1. Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to access, view, select, or copy in whole or in part, any content, program, functionality of the Services, or any other proprietary information or trade secret of VDBP’s that is made available through the Services.
2. Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to Your access and use of the Services for any purpose;
3. Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on the Services, it’s hardware and connections, or prohibits, denies or delays access to the Services by other users or otherwise threatens the continuous services of our ISP’s, suppliers and vendors;
4. Introduce any program, executable file or routine (such as a worm, Trojan horse, cancel-bot, time bomb or virus) irrespective of whether any such program or routine results in detrimental harm to our system or our data;
5. Establish any direct or deep link or other connection to any specific page or location of the Services other than the Entrepreneurnetwork log-in page;
6. Use or attempt to use another user’s account without authorization;
7. Attempt to circumvent any content or functionality filtering methods we employ, or otherwise attempt to access certain aspects of the Services that You are not authorized to access;
8. Post or transmit through the Services any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of VDBP;
9. Any other conduct by You that in our sole discretion restricts, inhibits, or interferes with any other user from accessing and using the Services is expressly prohibited.
9. Data Collection. You agree to allow VDBP to collect certain non-personal information about Your use of the Services, and about Your computer, browser, or other devices or programs You are using to access and use the Services (the “Usage Data”). You agree that VDBP may collect, analyze, aggregate and share such Usage Data with whomever VDBP deems appropriate, in its reasonable discretion.
10. VDBP’s Trademarks and Service Marks. The trademarks, logos, and service marks (collectively the “VDBP Trademarks”) displayed on this Site and within the Services are the registered and/or unregistered marks of VDBP, or are otherwise used in accordance with applicable law. Nothing contained within the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any VDBP Trademarks displayed within the Services without VDBP’s written permission. Your unauthorized use of the VDBP Trademarks displayed in the Services is strictly prohibited.
11. Third Party Trademarks. VDBP may also display trademarks on the Site and in the Services that are registered to, or are otherwise owned by third parties (“Third Party Marks”) and VDBP displays such Third Party Marks with the consent of their respective owners. All right, title and interest in and to Third Party Marks belong to their respective owners and neither VDBP nor You acquire any rights to such Third Party Marks.
12. Your Trademarks and Service Marks. As between You and VDBP, You or Your licensors own all right, title, and interest in and to Your trademarks, logos, and service marks (collectively, “Your Trademarks”). Nothing contained on this Site or within the Services grants any license to VDBP, by direct grant, implication, estoppel or otherwise, any license or right to use any of Your Trademarks without Your permission.
13. Equipment. You will be responsible for obtaining and maintaining all computer hardware, Internet connections and any other equipment reasonably necessary to access and use the Services. Currently, the Services are optimized for use with the Mozilla Firefox® and Google Chrome® web browsers. High speed Internet access is strongly recommended for regular use and is required for video. You agree that VDBP will not be responsible for any interruption, delay or inconsistent operation of the Services due to You not using necessary or compatible equipment, or a high speed Internet connection.
14. Disclaimers, Limitation of Liability, Releases.
1. YOU AGREE THAT USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD. NEITHER VDBP NOR ANY OF ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TOS. THE DISCLAIMERS CONTAINED IN THESE TOS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
2. IN NO EVENT WILL VDBP, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE.
15. Indemnification. You agree that You will, at Your expense, indemnify, defend, settle, and hold VDBP, its directors, officers, shareholders, employees and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of Your use of the Services, including but not limited to any use of the Services that is not authorized by these TOS. In addition to the foregoing, in any such action, You will pay any judgment awarded against VDBP or any settlement agreed to by You, and any authorized expenses incurred by VDBP. VDBP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with VDBP in asserting any available defenses.
16. Copyright Compliance. To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) (USC §§ 512 et. seq.), VDBP will take action on receipt of notice of alleged copyright infringement. If You are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon Your United States copyrights, You may submit notification in accordance with the DMCA (USC 512(c)(3)) by providing VDBP with the following information in writing:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);
3. Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an Email address;
4. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by You, made under the penalty of perjury, that the above information in Your notification is accurate and that You are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
6. Your physical or electronic signature.
7. Please send all written correspondence of alleged infringements to:
Vin Di Bona Productions
12233 W. Olympic Blvd. Suite #170
Los Angeles CA 90064
Attention: VDBPCollective Department
17. Legal Proceedings. Any dispute relating to or arising from Your use of the Services or these TOS will be adjudicated by a court of competent jurisdiction sitting in the State of California, County of Orange and You expressly consent to the jurisdiction of the State and Federal courts sitting in Orange County, California for such purposes. In addition to any finding, relief granted or judgment awarded by such court, the prevailing party in any such action shall be awarded reasonable attorney’s fees and costs.
18. Notices. All notices regarding any matter pertaining to these TOS, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by email, with a physical copy of such notice sent via United States Registered Mail (return receipt requested), or by a nationally recognized express courier, postage or air bill prepaid. Notices sent to Entrepreneur Media Network Corporation shall be sent to: 3366 Via Lido, Newport Beach, California 92663, Attention: Legal Affairs. Notices sent by Entrepreneur Media Network Corporation shall be sent via email, with a physical copy sent (by United States Registered Mail or a nationally recognized courier) to the email and physical addresses You provided as part of Your Registration Information. Notice will be deemed effective twenty-four (24) hours after sending of an email, unless returned due to an invalid email address, in which case, notice shall be deemed effective upon receipt of physical copies, as confirmed by United States Postal Service, or courier, as applicable.
19. General. These TOS are to be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. These TOS, as updated from time to time, constitute the entire agreement between us with respect to Your use of this Website. VDBP’s failure to enforce any breach of this Agreement by You does not constitute a waiver of VDBP’s right to enforce any term of these TOS in the future for a similar breach.
20. Attention: California Users: Section 1789.3 of the California Civil Code (the “Electronic Commerce Act of 1984”, California Civil Code, Section 1789.1, et seq.) requires us to inform you that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Sacramento, California 95834 or by telephone at (916) 445-1254, or (800) 952-5210, in order to resolve any complaint regarding a service provided to you through this Website or to receive further information regarding the use of such services.