Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with ECVV as a registered User or whether said User is a paying customer for a specific service provided by ECVV.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to ECVV.com and/or its affiliates; and (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.
1.4 ECVV.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on August 20, 2007. Posting by ECVV of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of ECVV.com.
Top Premium Services.
2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, ECVV.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 ECVV reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of ECVV.com.
Top Users Generally.
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "ECVV Content") for the purpose of re-selling or re-distributing the ECVV.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with ECVV.com, or otherwise commercially exploiting the ECVV.com Content. Systematic retrieval of ECVV.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from ECVV.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
3.2 Some of the ECVV.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). ECVV.com is not the author of third-party content, whether contributed by anonymous users or paid content providers. Neither ECVV.com nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. ECVV.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, ECVV is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3.3 ECVV.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that ECVV.com has no control over such third party's web site, does not monitor such sites, and ECVV.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
3.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below
3.5 ECVV.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall ECVV.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by ECVV.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.8 As a condition of your access to and use of ECVV.com, you agree that you will not use the ECVV.com service to infringe the intellectual property rights of others in any way. ECVV.com will in appropriate circumstances terminate the accounts of members or users who are repeat info.