Terms of Use

TECHLX INC. (“TECHLX”, “WE” OR “US”) INTERNET WEB SITE TERMS OF USE FOR VANILLAMOD

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND TECHLX AND GOVERN YOUR ACCESS TO, AND USE OF, THE TECHLX WEBSITE LOCATED AT THE URL HTTPS://VANILLAMOD.COM (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. TECHLX MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE AT ANY TIME. TECHLX CAN CHANGE THESE TERMS AT ANY TIME. IF TECHLX MAKES ANY CHANGES, TECHLX WILL POST AN UPDATED TERMS OF USE ON THIS SITE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

TechLX provides various content through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are made available to you by TechLX and are the copyrighted and/or trademarked work of TechLX or TechLX’s licensors.

TechLX grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.

Privacy Policy

Your use of this Site is governed by the TechLX Privacy Policy, which is available at https://www.vanillamod.com/privacy-policy (the “Privacy Policy”).

Third Party Content

Certain information and other content on the Site may be the material of third party licensors and suppliers to TechLX (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. TechLX DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not TechLX sites. TechLX is providing these links to you only as a convenience, and TechLX is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold TechLX and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) TechLX or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights

TechLX is a trademark of TechLX in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of TechLX, Copyright © 2017-2018 TechLX Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Your Submissions

You acknowledge and agree that you are solely responsible for all content such as blog posts or your mods (“Submissions”) that you make available through the Site. Accordingly, you represent and warrant that: (i) you are the original creator and writer of all Submissions that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to TechLX the licenses to such Submissions, as contemplated under these Terms; (ii) neither the Submissions nor your posting, uploading, publication, submission or transmittal of the Submissions or TechLX’s use of the Submissions (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your Submissions and your postings will not defame any person, including, without limitation, any business.

Submissions are not private or confidential and may be read, collected, and used by others. To better protect your privacy, do not include information regarding your identity or contact information in Submissions that you post or upload to the Site. You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the Site, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that TechLX shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in these Terms.

As to your Submissions, you hereby grant TechLX a license to use and distribute, perform and display your own Submissions. You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your Submissions, or any advertising or publicity relating thereto. You understand and agree that if you delete your account, it may not be possible to completely delete that content from TechLX’s records, and that your Submissions will remain viewable as part of the Site and to the extent that they were downloaded or stored by other users.

Copyright and Trademark Infringements

Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials to TechLX Inc. as set forth below. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Notification: TechLX respects the intellectual property rights of others, and we require you to do the same when using TechLX website and services.

TechLX may, in appropriate circumstances and at our discretion, terminate service and/or access to this website or services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website or services, please provide TechLX's designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the website or services, and information reasonably sufficient to permit TechLX to locate the material.

Information sufficient to permit TechLX to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TechLX's agent for notice of claims of copyright or trademark infringement on this website or services can be reached as follows:

By mail:
TechLX, Inc.
Attn: Zachariah Cuskelly
3009B Gough Street
San Francisco, CA 94123

By e-mail: copyright@techlx.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you are a user who posted allegedly infringing material and who received notification to that effect from TechLX, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):

Your physical or electronic signature.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TechLX may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail:
TechLX, Inc.
Attn: Zachariah Cuskelly
3009B Gough Street
San Francisco, CA 94123

By e-mail: copyright@techlx.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties

Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by TechLX, and they may include inaccuracies or typographical or other errors. TechLX does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. TechLX has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by TechLX or our licensors.

TechLX, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TechLX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

TechLX SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL TechLX BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF TechLX KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

TechLX controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

If you violate these Terms, TechLX may terminate and/or suspend your access to this Site without notice. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the county where TechLX's corporate headquarters are located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of a these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. TechLX’s failure to enforce any of these Terms is not a waiver of such term. All of the terms and conditions of these Terms shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of the parties. These Terms, and any other agreements referenced herein, are the entire agreement between you and TechLX and supersede all prior or contemporaneous negotiations, discussions or agreements between you and TechLX about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.