1. SITE USE GENERALLY.

1.1 Copyright and Trademark. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of VBK Viewer, LLC ("VBK"). You may use the Site and the Content (defined below) only for your information and personal use. You may not download, copy or print pages from the Site. The Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, VBK does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

1.2 Links to Other Materials. Some linked sites are not under the control of VBK and VBK is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. VBK reserves the right to terminate any link or linking program at any time. VBK provides such links only as a convenience to you. VBK has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

1.3 Territory. VBK operates this Site from its office within the United States. VBK makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

2. CONTENT.

2.1 Only Subscribers (as defined in a subscription agreement with VBK) may submit various content, including without limitation photographs and audiovisual works (collectively "Content"). VBK does not guarantee any confidentiality with respect to Content. VBK may, but is not obligated to, monitor, exercise control over, or review, evaluate, or assess any Content. VBK will have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content that is available through the Site. Subscribers are solely responsible for the Content they submit and the consequences of posting or publishing it.

2.2 You agree not to use this Site to:

2.2.1 Upload, post, email or otherwise transmit any Content that is unlawful, false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

2.2.2 Harm minors in any way;

2.2.3 Upload, post, email or otherwise transmit any Content that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

2.2.4 Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", unsolicited mass mailings, "spam", "chain letters", "pyramid schemes", or any other form of commercial solicitation;

2.2.5 Upload, post, email or otherwise transmit any Content that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

2.2.6 Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

2.2.7 Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

2.2.8 "Stalk" or otherwise harass another user of this Site;

2.2.9 Collect or store personal data or attempt to collect or store personal data about other users of the Site;

2.2.10 Solicit passwords or personal identifying information for commercial or unlawful purposes form other users; or

2.2.11 Assist or permit any person to engage in any of the activities described above.

3. COPYRIGHT VIOLATIONS

3.1 Notification of Alleged Copyright Infringement. If you believe that your copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512(c)(3) that contains substantially the following information:

• Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
• Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
• Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
• Information sufficient for you to be contacted, including, your name, mailing address, telephone number and email address.

Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or email as set forth below:

VBK Designated Copyright Agent
[Address]
Phone:
Fax:
E-Mail:

Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, we will remove the allegedly infringing Content and notify the alleged infringer. The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.

3.2 Counter Notification. If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

• Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
• A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
• A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
• Information sufficient for you to be contacted, including, your name, mailing address, telephone number and email address.
• A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your physical or electronic signature.

Within a reasonable time after receiving a valid Counter Notification that complies with these requirements, we will restore the Content removed, unless our Designated Agent is informed by the originator of the Notification of Alleged Copyright Infringement that such party has instituted an action in court against you concerning the allegedly infringing Material.

3.3 Repeat Infringers. In compliance with the DMCA, it is VBK'S policy to terminate users who VBK deems to be repeat infringers of the copyrights of others. VBK also reserves the right, in its sole discretion, to limit or terminate the rights or membership of users who violate these Terms, through infringement of the intellectual property rights of others, or otherwise.

4. DISCLAIMER OF WARRANTIES.

4.1 General. VBK MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, or (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. VBK UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.

4.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. VBK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

5. LIMITATION OF LIABILITY AND REMEDIES.

5.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VBK BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF VBK KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

5.2 Indemnification. You agree to defend, indemnify and hold VBK, its successors and assigns, harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney's fees), which VBK, its successors or assigns, may hereafter incur, become responsible for or pay out arising out of your use of the Site, VBK'S display, publication, distribution or any other use of the Content you submit, or your breach of any term or provision of these Terms.

6. GENERAL TERMS.

6.1 Modification. VBK reserves the right at any time and in VBK'S sole discretion to change the terms, conditions, and notices under which the Site is offered. VBK may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. VBK also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that VBK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

6.2 Jurisdiction. The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. VBK and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts sitting in Michigan. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

6.3 Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause VBK irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, VBK shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.