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Terms of Service

Terms of Service

Vertical Slice Games, LLC (“VSG”) makes available the “Site” (websites including, without limitation, www.verticalslicegames.com and all sub-domains), “Software” (software and mobile applications), and “Services” (including, without limitation, game information, news, and review aggregation) to help consumers find their next favorite game. Additional terms and conditions of use applicable to specific areas of the Services may also be posted on such areas. Access to and use of VSG’s existing Site, Software and Services, as well as any future Sites, Software or Services provided by VSG are government by this Terms of Service (this “Agreement”).

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

If you are browsing the Site, this Agreement is between you, individually, and VSG.

VSG reserves the right in our discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on this page.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST VSG AND ITS LICENSORS AND ITS SUPPLIERS TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST VSG AND ITS LICENSORS AND ITS SUPPLIERS ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON YOUR OWN BEHALF, AND (3) YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE YOUR CLAIMS DECIDED BY A JUDGE OR JURY.

1. Your Use of Content

You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software and other material (collectively, the “Content”) that are protected by copyright, trademark and/or other proprietary rights of VSG or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices information, or restrictions contained in any Content available on or accessed through the Services.

Users of the Services may use the content only for their personal, noncommercial use. Businesses, organizations, or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services.

Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material, in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.

You may post on the Services any content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner, and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain.

You hereby grant, transfer and assign VSG and its affiliates, successors, assigns, and licensees (collectively, “Licensee”) a fully paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sub license third parties (including other users of the Services) to do any of the foregoing without further right of sub license (the “License”), without compensation to you. You must represent and warrant that you are authorized to grant all rights set forth in the preceding sentence, and that the exercise by Licensee of Licensee’s rights under the License whall not violate any laws, defame, or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate, or infringe the rights of any person (including but not limited to any copyright or moral right).

You may download, copy and make any personal, non-commercial use of the Content that is expressly permitted by the United States Copyright Act of 1976 as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule, or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.

We expressly authorize you in writing to redistribute certain Content on a personal, non-commercial basis. In such circumstances, we will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. When expressly authorized by us in writing, you may redistribute the Content in the manner authorized, provided that you do not redistribute the Content on any websites or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem , in our sole discretion, to be otherwise objectionable; or (ii) links to infringing or unauthorized content, or any content described in (i). You may not redistribute the Content into any hardware or software application, even for non-commercial purposes. As determined by VSG in our sole discretion, we reserve the right to prevent redistribution to any website or other location that we find inappropriate or otherwise objectionable.

You must to obtain our written permission for commercial use of the Content or the Services.

To the extent that you provide us with any suggestions, feedback or other information related to our business or the Services (including, but not limited to, suggesting new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensees a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sub licenseable right and license to reproduce, display, distribute, use, and fully exploit such suggestions, feedback, and information.

2. Rules of Conduct

VSG has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and take appropriate legal action, including without limitation, civil, and injunctive relief.

Pursuant to this Agreement, you may not:

  • Provide false information to the Services, create more than one personal account, or create an account for anyone other than yourself without permission;
  • Use the Services if you are under the age of 13;
  • Use the Services if you are a convicted sex offender;
  • Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
  • Reformat or frame any portion of any web page that is part of the Service;
  • Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Submit any material that falsely implies sponsorship of that Material by the Service, VSG and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
  • Transmit any viruses, worms, defects, Trojan Horses or other items of a contaminating and destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users;
  • Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, providing pirated music or links to pirated music files, or providing pirated games or links to pirated game files;
  • Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party or that promotes or encourages illegal activity;
  • Post Material containing anyone’s identification documents or sensitive financial information;
  • Harvest or collect email addresses or other contact information of other users by electronic or other means; or,
  • Facilitate or encourage any violations of this Agreement or any other VSG policy, including the Privacy Policy.

The above is not a complete list of illegal and/or prohibited uses of the Service.

Use of the Services is subject to existing laws and legal process. Nothing contained in this Agreement shall limit VSG’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

3. Managing Content

Despite our rights outlined herein, you shall remain solely responsible for all Material you post. VSG has no obligation to pre-screen or monitor the Material you post, however we reserve the right to edit or remove any Content or Material on the Services, in whole or in part, and to disclose any information or take any action necessary to comply with or satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property, or safety of VSG, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.

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

  • Restrict, suspend, or terminate your access to all or any part of our Services;
  • Change, suspend, or discontinue all or any part of our Services;
  • Refuse, move, edit, or remove any Material for any reason;
  • Deactivate or delete your account(s) and all related information and files in your account(s);
  • Disclose your identify or other information about you to any third party who claims that Material posted by you violates their legal rights, including, but not limited to, their intellectual property rights or their rights of privacy or publicity;
  • Disclose your identity or other information about you to law enforcement officials upon request, if VSG determines in its sole discretion that such disclosure is in the interest of protecting its users or the public;
  • Establish general practices and limits concerning the use of our Site and Services.

You agree that VSG will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisement, service announcements and administrative messages from us or from our partners, and that these are considered part of our Services.

4. Endorsement

VSG MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (I) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS, OR NEWSLETTERS, OR (II) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.

VSG does not represent or endorse the accuracy or reliability of any Content or other Material posted on any interactive area or elsewhere on the Services, and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of VSG.

The Services may contain links to sites on the internet which are owned and operated by third parties (the “External Site(s)”). If you access an External Site from the Services, you do so at your own risk, and you understand that this Agreement and VSG’s Privacy Policy do not apply to your use of such sites. You acknowledge that VSG is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have concerns regarding such links or other content located on such External Sites.

Typically, VSG does not sell, resell, or license any of the products or the services that we review, list, or advertise on our Services, and we disclaim any responsibility or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party.

All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that VSG will not be responsible or liable for nay loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.

Please note that we may allow certain manufacturers or third-parties to license, use and/or reprint a VSG trademark, logo, or other Content, including without limitation, MetaMeter Scores, in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.

5. Indemnification

You agree to indemnify, defend and hold VSG and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “VSG Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any VSG Party in connection with:

  • Your use of, or connection to, our Services;
  • Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  • The content, the quality, or the performance of Material that you submit;
  • Your violation of this Agreement or VSG Privacy Policy; or,
  • Your violation of the rights of any other person or entity.

VSG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with VSG’s defense of such claim.

6. Termination of Service

VSG reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Once your access terminates, you will have no right to use the Services. The terms of this Agreement shall survive any termination of your access. VSG may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.

7. Copyright Policy

You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

VSG will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a complaint counter-notice. VSG takes intellectual property rights seriously, and we provide you with the tools to help you protect your intellectual property rights. To learn more – including information regarding how to file a copyright complaint and how complaints are processed – visit our How to Report Claims of Intellectual Property Infringement page.

VSG reserves the right to remove any content or information you submit if we believe, at VSG’s sole discretion, that it violates this Agreement or VSG policies without prior notice and without liability to you. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. In appropriate circumstances, VSG will also disable or terminate your access to the Services, if you are determined to be a repeat infringer.

Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.

8. Advertising

As part of the Services, VSG may include advertisements and/or content provided by VSG and/or a third party, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by VSG on the Services are subject to change. In consideration for VSG granting you access to and use the Services, you agree that VSG and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Services whether submitted by you or others.

9. Sweepstakes

From time to time, you may be able to participate in sweepstakes, contests, promotions, or other similar giveaways VSG sponsors. Participation may require sharing your personal information with us or third parties sponsoring the sweepstake, contest, or promotion, and you should check the Contest Rules to determine how your information will be used and shared with others. Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographical area restrictions. You are responsible for complying with these rules and requirements.

Regardless of whether specific rules are announced, all such opportunities will be controlled by VSG’s “Contest Guidelines” set forth here: Contest Guidelines. Any rules announced at the time of a contest will be in addition to the Contest Guidelines. Where rules for a sweepstake, contest, promotion, or other similar giveaway conflicts with the Contest Guidelines, the rules for that particular sweepstake, contest, promotion, or other similar giveaway controls.

In addition, as a condition to receiving any awards or prizes, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in marketing materials. If a third party administers the contest, your participation may be subject to additional terms and conditions and that party’s privacy policy. VSG is not responsible for such third parties. You should carefully review the Contest Guidelines and these third parties’ terms and conditions before deciding whether to participate in a contest publicized through the Service.

10. Disclaimer of Warranties

The Services and the Content are distributed on an “as is , as available” basis.

Neither VSG, third party vendors, content providers or their respective agents makes any warranties of any kind, either expressed or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Services, any Content or any products or services sold through the Services. Neither VSG nor any third party content provider warrants that any files available for downloading through the Services will be free of viruses or similar contamination or destructive features. Neither VSG nor any third party content provider warrants that any of the goods or services linked to or advertised in the Services comply with data protection or other relevant legislation, and VSG accepts no liability whatsoever for any claim arising from such goods or services.

11. Limitation of Liability

You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you and VSG cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that VSG is not responsible or liable for any unauthorized access to or alteration of your materials, data or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.

VSG SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. VSG, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, VSG IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF VSG SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST VSG, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM , OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, YOU RELEASE VSG FOR ANY CLAIMS, DEMANDS, AND DAMAGES FOR EVERY KIND AND NATURE ARISING OUR OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD VSG HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.

THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not permit exclusion of implied warranties or limitations of liability for incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of VSG, third party content providers and their respective agents shall be limited to the greatest extent permitted by applicable law.

12. Member Disputes

You are solely responsible for your interactions with other Members of the Services. VSG reserves the right, but has no obligation, to monitor disputes between you and other Members and to take action (e.g., account deletion or removal of content posted by a user) if VSG determines that there has been a violation of this Agreement or if such action is otherwise necessary or desirable, in its sole discretion.

13. International Use

VSG makes no claims that any Material, Services or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with (i) all local rules regarding user conduct on the Internet and acceptable conduct; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.

If you access the Material, Service or any Content from outside of the United States, you further consent to having your personal data transferred to and processed in the United States. Additionally, if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities on the Services (such as advertising). You will not use the Services if you are prohibited from receiving products, services, or software originating from the United States.

14. No Submission of Unsolicited Ideas

VSG does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products; technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or material relating to such ideas. This is to avoid any misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us.

If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary, and you expressly acknowledge that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

15. Binding Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Arlington, Virginia before a single arbitrator. The arbitration shall be administered by JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this section entitled “Binding Arbitration” shall be null and void.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTANDING THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

16. Limitation Period for Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Privacy Policy; Additional Terms

Your privacy is very important. We designed our Privacy Policy to make important disclosures about how you can use the VSG Service to share with others and how we collect and can use your content and information. The VSG Privacy Policy will be made available on the property from which you accessed this Agreement. We encourage you to read the Privacy Policy, which is incorporated by reference herein, and to use it to help you make informed decisions about your data.

Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into this Agreement. If there is a conflict between this Agreement and additional terms that apply to a particular Service, the additional terms will control.

18. Miscellaneous

We may be required by international, state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you via e-mail. Subject to the arbitration provision above, and for all purposes of this Agreement, this Agreement shall be construed in accordance with the laws of the State of Virginia, without reference to principles of choice of law. You and VSG each irrevocably consent to the personal jurisdiction of the federal or state courts located in Arlington, Virginia (the “Courts) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

These terms do not confer any third party beneficiary rights, and we reserve all rights not expressly granted to you. Failure to enforce any of these Terms shall not constitute a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by VSG.

If you do not agree to this Agreement, you should immediately stop using the Services.

19. New Jersey Residents

If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Sections 5 (insofar as any claims arising from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney’s fees). 10, 11 and 16 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence. Subject to the foregoing, VSG, third party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law.

Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 15.