VIT-AP inks pact with ALPHABETA Inc
ALPHABETA Inc (“ALPHABETA”) is a Delaware incorporated company, having its a place of business at 938 Lafayette Street, Suite 408, New Orleans LA 70113. “ALPHABETA” is a registered trademark of ALPHABETA Inc. ALPHABETA Inc is the owner of all content available on the Platform.
This end user license provides a temporary use of the Platform for a single device. The term of the license shall be according to the specific agreement at the time of the purchase.
- The content of this Platform is for your general information and internal demonstration use only. It is subject to change without notice. Unauthorized use of this Platform may give rise to a claim for damages and/or be a criminal offence.
- ALPHABETA is the owner of the Content available on the Platform. The contents relating to music and all derivative works are works that are all owned by ALPHABETA.
- The information contained in this Platform should not be viewed as an offer to sell or as a solicitation to purchase any of our Services. The services and information provided through this platform should not be commercially reproduced or used by a User of the Platform for any financial gain and should be solely used for your individual educational purpose only.
- You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in Platform or any part thereof to you or any third party.
- You agree that you are prohibited from
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content, or otherwise making any use of the ALPHABETA Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights in the Service or the Content or any part of it;
- copying, reproducing, transmitting, or otherwise using in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of ALPHABETA.
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service, Content or any part thereof unless permitted by applicable law;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the ALPHABETA Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- circumventing any technology used by ALPHABETA, its licensors, or any third party to protect the Content or the Service;
As between ALPHABETA and you, ALPHABETA is the sole owner of all Content on the Platform including, without limitation, all applicable patents, trademarks, copyrights, logos (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. Nothing contained in the Platform should be construed as granting, by implication or otherwise, any license or right to use these without express written permission of ALPHABETA.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of the State of New York without regard to the principles of conflicts of laws. Jurisdiction of venue for all purposes shall be in New York County, State of New York. Both parties agree to settle all claims, by Arbitration, in accordance with the rules of the American Arbitration Association.
You agree to defend, indemnify, and hold harmless ALPHABETA and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use or misuse of this Platform, without limitation, any actual or threatened suit, demand, or claim made against ALPHABETA arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS PLATFORM (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
ALPHABETA does not warrant or guarantee: (i) that any portion of the Platform will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Platform will be uninterrupted or error-free. Also, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or introduction of new facilities or Services at any time without prior notice.
The Terms, as amended from time to time, constitute the entire agreement between you and ALPHABETA. If any provision of these Terms is considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Use of the ALPHABETA Platform is at your sole risk. While ALPHABETA makes reasonable efforts to ensure the safety and functionality of our Platform, these efforts may fail and errors may occur.
IN NO EVENT SHALL ALPHABETA OR ANY OTHER PARTY FOR ANY CONTENT CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PLATFORM (OR THE CONTENT PROVIDED ON THIS PLATFORM OR ANY PLATFORM RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS PLATFORM (OR ANY OTHER PLATFORM), ON ANY THEORY OF LIABILITY. ALPHABETA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS PLATFORM. THESE WAIVERS APPLY EVEN IF ALPHABETA HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALPHABETA HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS ITS ESSENTIAL PURPOSE.