ACCEPTANCE OF TERMS
This site ("VCBall") and its contents are provided
to you, subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to you. You can review the
most current version of the TOS at any time at http://brotman.blogs.com/vc_ball_legal_notices/. If
you do not agree to these TOS, please do not use VCBall. We reserve the right,
at our discretion, to update or revise these TOS. Please check the Terms
periodically for changes. Your continued use of this site following the posting
of any changes to the TOS constitutes acceptance of those changes.
THIRD PARTY SITES
VCBall provides links to other Websites on the Internet. VCBall
does not assume any responsibility for such content and makes no express or
implied warranty about the accuracy, copyright compliance, legality,
merchantability, or any other aspect of the content of such sites. VCBall is
not responsible or liable for any advertising, products, or other materials on
or available from such Websites or resources. The inclusion of such a link does
not imply endorsement of the Websites by VCBall or any association with their
operators.
CREATIVE COMMONS LICENSE
You acknowledge and agree that all content and materials
available on VCBall are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. All original
content on VCBall is licensed under a Creative Commons license and is subject
to the terms and conditions of the license at
http://creativecommons.org/licenses/by/1.0/ ("Creative Commons
License"). By submitting content to VCBall, you agree that it is subject
to the same terms and conditions as VCBall's Creative Commons License.
OPINIONS EXPRESSLY THOSE OF AUTHORS
The opinions expressed in VCBall state only those opinions
of the author of such post (as is clearly designated). While the authors of VCBall
are current or former venture investors with various venture capital
partnerships, the opinions they express in VCBall do not necessarily reflect
the opinions of such venture capital partnerships and should not be taken as
such.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF VCBALL IS AT YOUR SOLE RISK. VCBALL IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VCBALL
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. VCBALL MAKES NO WARRANTY THAT (i) IT WILL MEET YOUR
REQUIREMENTS, (ii) IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF VCBALL WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED BY YOU THROUGH VCBALL WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH OR FROM VCBALL SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VCBALL SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VCBALL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE VCBALL; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM VCBALL; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VCBALL; OR (v) ANY OTHER MATTER
RELATING TO VCBALL.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4
AND 5 MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SPECIAL ADMONITION REGARDING FINANCIAL INFORMATION
You understand that VCBall is furnished for informational
purposes only, and that no mention of a particular company or security in VCBall
constitutes a recommendation to buy, sell, or hold that or any other security,
or that any particular security, portfolio of securities, transaction or
investment strategy is suitable for any specific person. You further understand
that VCBall will not advise you personally concerning the nature, potential,
value or suitability of any particular security, portfolio of securities,
transaction, investment strategy or other matter. To the extent any of the
information contained on VCBall may be deemed to be investment advice, such
information is impersonal and not tailored to the investment needs of any
specific person.
VCBall may contain opinions from time to time with regard to
securities and any or all contributors to VCBall, or their affiliates, may hold
positions in securities. The contents of VCBall are written by current or
former venture investors. It is their business to buy and sell securities. VCBall
will use reasonable efforts to disclose when an author writes about a company
in which that author has an interest, or about a competitor thereof. VCBall's
principle authors are current or former venture investors with their respective
partnerships, so you should assume that the authors have an interest in all
companies in their partnerships' publicly disclosed portfolios, which can be
viewed at such partnerships' websites. VCBall will make no efforts to update
past posts to reflect current interests.
VCBALL IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO
CONTENT INCLUDED IN VCBALL IS INTENDED FOR TRADING OR INVESTING PURPOSES. VCBALL
AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY,
USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA
VCBALL, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT
DECISIONS MADE BASED ON SUCH INFORMATION.
INDEMNITY
You agree to indemnify and hold VCBall, and its affiliates,
officers or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of content you submit, post, transmit or make available through VCBall,
your use of VCBall, your connection to VCBall, your violation of the TOS, or
your violation of any rights of another.
