Terms of Use

This website is operated by Victory Park UST Joint Ventures I, L.P. (“VP Ventures”).  VP Ventures is hereinafter referred to as “we,” “our” or “us,” as appropriate.

Acceptance of Terms

The following terms and conditions (“Terms of Use”) govern your access to and use of this website, including any content and services offered on or through this website (this “Website”).  By accessing or using this Website in any manner, you acknowledge and represent that you have read, understood, agree to be bound by, and accept these Terms of Use and our Privacy Policy, located at http://victorypark.com/privacy-policy/ (the “Privacy Policy”).  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Website.  Although you may “bookmark” a specific section of this Website and bypass these Terms of Use, your access or use of this Website binds you to these Terms of Use.

As long as you comply with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable right to enter and use this Website, subject to the terms, conditions and restrictions stated herein.  Any unauthorized use of this Website automatically terminates this right.  In the event of any termination of membership or any service or feature offered through this Website, you agree to continue to be bound by the obligations set forth under these Terms of Use.  We reserve and retain the right to revoke the licenses, rights and or permissions to use this Website that are granted hereunder without liability, and to disable and deny access to any user for any reason or for no reason at all.

Changes to Terms

We may modify these Terms of Use by posting reasonable notice of the changes within a reasonable time prior to the changes becoming effective.  BY CONTINUING TO USE OR ACCESS THIS WEBSITE AFTER THE NOTICE PERIOD HAS PASSED, YOU AGREE THAT YOUR USE AND ACCESS OF THIS WEBSITE WILL BE GOVERNED BY THE NEW TERMS OF USE.  These Terms of Use were last updated on September 23, 2013.

Intellectual Property

All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and any other content or materials contained in this Website (individually and collectively, “Content”) are owned, controlled, or licensed by or to VP Ventures.  The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and proprietary rights (individually and collectively, “IP Rights”).  Subject to the terms and conditions contained herein, VP Ventures grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use this Website for the purposes of accessing, viewing or playing Content and posting Materials (as defined below) solely for your noncommercial and personal use and for no other purposes.  Except as expressly provided in these Terms of Use, no part of the Website and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the prior express written consent of VP Ventures.

User-Submitted Materials

The Website may contain or provide links to message boards, personal web pages or profiles, discussion forums, bulletin boards and other interactive features (“Interactive Services”) that allow users to post content or Materials on or through the Website.  As used in these Terms of Use and any other agreements or policies incorporated or referenced herein, “Materials” is defined, without limitation, as any information (including Personal Information, as defined in the Privacy Policy), content or other media that is submitted, uploaded, posted or otherwise transmitted to the Website or to us for any purpose whatsoever, including comments, suggestions and questions related to the Website. You hereby grant to VP Ventures an unqualified, unrestricted, unconditional, unlimited, exclusive, worldwide, irrevocable, perpetual, royalty-free, fully paid-up, transferable, and sub-licensable license and right, in any form or format, on or through any media or medium with any technology or devices now known or hereafter developed or discovered, to use the Materials, at VP Ventures’ discretion, for any purposes whatsoever without accounting, notification, credit or other obligation to you.  This license will survive termination of these Terms of Use.  Once Material is submitted, you will have no right to prohibit, restrict, revoke or terminate any of the rights granted to VP Ventures.  You are not entitled to, and you will not receive any, compensation or other consideration for your Material or any use thereof, whether in whole or in part.  You understand and agree that any use of your Material by us will not require any prior consent or approval prior to use.  You hereby release VP Ventures and each of our affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits that you may or do have in connection with your Material, including, without limitation, any and all liability for any use or nonuse of your Material, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.

All Materials submitted must comply with all applicable laws and regulations and must not:

(a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

(b) promote sexually explicit or pornographic material, violence, or discrimination;

(c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

(d) promote any illegal activity;

(e) misrepresent your identity or affiliation;

(f) involve commercial activities, such as contests, sweepstakes and other sales promotions or advertising; or

(g) give the impression that they are posted or endorsed by VP Ventures or any other person or entity, if this is not the case.

General Restrictions

Without limiting any other obligation or restriction stated herein, without VP Ventures’ express prior written consent, you may not:

(a) use any automated means to access this Website or collect any information from this Website (including, without limitation, robots, spiders, scripts, or other similar automatic devices or programs);

(b) frame this Website, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Website’s pages, or otherwise affect the display of this Website’s pages;

(c) engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Content or other information contained in the Website;

(d) use any meta tags or any other “hidden text” utilizing VP Ventures’ name, trademarks, or service marks;

(e) use VP Ventures’ logo or other proprietary graphic, trademark, or service mark in any way, including but not limited to as part of a link;

(f) use this Website in any manner that violates applicable law or that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website; or

(g) directly or indirectly attempt, enable others to use or attempt, or knowingly condone such use or attempt by others, any acts that result, or are likely to result in any of the foregoing.

Internet and Wireless Marketing and Promotional Services

We may provide users the opportunity to register for special promotions, services, news, programming and other information (collectively, “Marketing and Promotional Services”) that are delivered via text messaging, email or other electronic manner through any electronic device (whether wireless or through a hardwired network connection) such as a mobile phone, Personal Digital Assistant or any other electronic device capable of receiving such electronic Marketing and Promotional Services.  Registration for such Marketing and Promotional Services may or may not require registration, the submission of Personal Information and or the creation of a user account and password.  Users must provide their consent to receive such information by complying with the specific terms related to such offering.  Information that may be requested for specific promotions includes, without limitation, a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information.  Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to a separate registered user agreement and the Privacy Policy, these Terms of Use and/or additional terms or rules, if applicable.

UNDER NO CIRCUMSTANCES WILL VP VENTURES OR ANY OF OUR AFFILIATES BE RESPONSIBLE FOR ANY WIRELESS EMAIL OR TEXT MESSAGING CHARGES INCURRED BY ANY USER OR BY A PERSON THAT HAS ACCESS TO A USER’S WIRELESS DEVICE, TELEPHONE NUMBER, OR EMAIL ADDRESS.

Termination

We may terminate, disable and deny your access to or use of this Website for any reason or for no reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use.  We may also modify or discontinue providing this Website or any part of this Website with or without cause and without notice.  We may remove or refuse to post any Materials for any or no reason.  We may use any technological, legal, operational or other means available to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, if applicable.  We will not be liable to you or to any third party for any termination of your access to or use of this Website or for any modification to or termination of this Website.

Disclaimer of Warranties

YOUR USE OF THIS WEBSITE, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  NEITHER VP VENTURES, NOR ANY PERSON ASSOCIATED WITH VP VENTURES MAKES ANY WARRANTY OR REPRESENTATION THAT THIS WEBSITE, THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, AVAILABLE CONTINUOUSLY OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE AVAILABILITY, APPEARANCE OR YOUR USE OF ANY URLS OR HYPERLINKS REFERENCED OR INCLUDED ANYWHERE ON THIS WEBSITE OR ANY OTHER FORM OF LINK RE-DIRECTION OF YOUR CONNECTION TO, WITHOUT OR THROUGH THIS WEBSITE, DOES NOT CONSTITUTE AN ENDORSEMENT BY, NOR DOES IT INCUR ANY OBLIGATION, RESPONSIBILITY OR LIABILITY ON THE PART OF VP VENTURES, ITS AFFILIATES AND/OR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND USE OF ANY SUCH CONTENT.

This Website may include content provided by third parties.  All statements and opinions of such third parties are solely the responsibility of the person providing those materials and do not necessarily reflect the opinion of VP VENTURES.  VP VENTURES DOES NOT VERIFY, ENDORSE OR HAS ANY RESPONSIBILITY WITH RESPECT TO ANY SUCH THIRD PARTY SITES, THEIR BUSINESS PRACTICES (INCLUDING THEIR PRIVACY POLICIES), OR ANY GOODS OR SERVICES ASSOCIATED WITH OR OBTAINED IN CONNECTION WITH SUCH THIRD PARTY SITES, WHETHER ANY OF THIS WEBSITE’S OR VP VENTURES’ LOGO OR SPONSORSHIP IDENTIFICATION IS ON THE THIRD PARTY SITE AS PART OF A CO-BRANDING OR PROMOTIONAL ARRANGEMENT.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VP VENTURES OR ANY PERSONS ASSOCIATED WITH VP VENTURES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Indemnification

You agree to defend, indemnify and hold harmless VP Ventures, its affiliates, and each of their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other legal costs) arising out of or in connection with: (i) your violation of these Terms of Use; (ii) your use of this Website; (iii) any Materials that you upload, submit, or otherwise transmit through this Website; (iv) your access to or use of any websites linked to this Website; and (v) any dealings between you and any third parties relating to this Website.

Compliance with the Children’s Online Privacy Protection Act

VP Ventures are concerned with protecting children who use the Internet.  VP Ventures complies with the Children’s Online Privacy Protection Act (“COPPA”).  We do not ever knowingly or intentionally collect any personal identifiable information (“Personal Information,” as further defined in the Privacy Policy) from children under the age of 13.  If you believe that your child has submitted Personal Information in violation of these Terms of Use, the Privacy Policy or COPPA, please notify us and we will immediately remove such information.

Void Where Prohibited

This Website is controlled, operated, and administered by VP Ventures from the United States.  Although this Website is accessible worldwide, not all features, products or services offered through or on this Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.  We reserve the right to limit the provision and quantity of any feature, product or service to any person or geographic area.  Any offer for any feature, product or service made on this Website is void where prohibited.  If you choose to access this Website from outside the United States, you do so at your own risk and on your own initiative and you are responsible for complying with all applicable local laws, rules and regulations.

Miscellaneous

No waiver by VP Ventures of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VP Ventures to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of these Terms of Use will continue in full force and effect.  VP Ventures will be excused for any failure to perform to the extent that either of their performance is prevented by any reason outside of our reasonable control.  No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use.

Choice of Law and Venue

Any dispute or claim relating to the Website and these Terms of Use shall be governed by the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the subject matter hereof and thereof, and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter hereof and thereof.

Contact Information

If you have any questions, concerns, or comments about these Terms of Use, you may contact us using the information below:
By Email:  Katie.Howard@cis.cushwake.com
By Phone: (214) 416-9020