Terms and conditions of use
Welcome to the Vanguard. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via email, referred to in these Terms and Conditions collectively as the “Vanguard” or the “Vanguard site.” However, you access the Vanguard, you agree to be bound by these terms and conditions.
Registration
You may access areas of the Vanguard that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on the Vanguard, you agree that:
(i) your account and password are personal to you and may not be used by anyone else to access the Vanguard;
(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Vanguard; and
(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user. You agree to notify us immediately if you become aware any unauthorized use of your password or account identifiers by others.
Termination of registration
If you no longer wish to have a registered account, you may terminate your account by sending an email to [provide email address]. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Vanguard. Continued use of the Vanguard indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Vanguard immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
Use of material appearing on the Vanguard
Your access to the Vanguard is for your own personal and non-commercial use only. You acknowledge that, as between Vanguard and you, except for user content and advertisements (as discussed below), Vanguard is the sole owner of all content on the Vanguard, including, but not limited to, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, trade dress, formatting and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Vanguard – including whatever content you post on the Vanguard in the form of comment. (“Vanguard Content”). You acknowledge that, as the sole owner of Vanguard Content, only the Vanguard is empowered to decide how, why, where and under what conditions where to use Vanguard Content.
If you use Vanguard Content in violation of these Terms of Use, violating Vanguard’s exclusive property rights, and the Vanguard brings a legal action to remedy the violation of the Vanguard’s exclusive property rights, then you agree to waive any claim, assertion and/or argument that the Vanguard’s legal action is a prohibited lawsuit against public participation (SLAPP).
You may download and print extracts from the Vanguard Content for your own personal and non-commercial use only, provided you obtain the Vanguard’s prior written approval. Except as expressly authorized by the Vanguard, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Vanguard. If you wish to use our content, then please contact us at [insert email address]. If you operate a news aggregation service that charges a subscription fee to its users, then you need to approach the proper authority directly to NLA directly to discuss your licensing requirements.
Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the Vanguard Content. Nothing in the Vanguard Content is provided for any specific purpose or at the request of any particular person. The Vanguard will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Vanguard Content or any part of it. You can access other sites via links from the Vanguard. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the Vanguard or the Vanguard Content. In particular, we do not warrant that the Vanguard or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Vanguard, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Third party advertising on the Vanguard
You will see advertising material submitted by third parties on the Vanguard. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the Vanguard, please email the user help team at email, and they will pass your details on to our advertising sales team.
User content
Users of our site may be permitted to submit content for publication in various areas of the Vanguard. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible here, which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Vanguard.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Vanguard.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the Vanguard or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Vanguard, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Vanguard.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time. We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Vanguard to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Vanguard or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Vanguard, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Vanguard for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Vanguard may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Vanguard assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Vanguard.
If you are under 18, you confirm that you have permission of your parent or guardian to submit content.
Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Vanguard. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Vanguard after it has been posted.
Governing law & jurisdiction
You agree that these Terms of Use are governed by California law and you agree to submit to the exclusive jurisdiction of California courts, with venue for any action related to these Terms and Conditions venued in Yolo County, California.
Indemnification
You agree to defend, indemnify, and hold harmless Vanguard, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.
Now waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Vanguard.
Additional restrictions on user content
In addition to section 6,above, you agree not to use the Vanguard to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Vanguard infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature
Vanguard’s designated copyright agent to receive notifications of claimed infringement is: here. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Additional disclaimers
Visitors to the Vanguard agree that their use of the Vanguard is at their own sole risk. The Vanguard is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Vanguard; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Vanguard also makes no representations and warranties as to any linked sites and Vanguard has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Vanguard may represent the opinions and judgments of providers or users, such as user content. Vanguard and its affiliates do not endorse, nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Vanguard by anyone other than authorized Vanguard employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the Vanguard, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Vanguard; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Vanguard does not warrant or guarantee that access to the Vanguard will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL VANGUARD OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE VANGUARD SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE VANGUARD SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION APPLIES EVEN IF VANGUARD SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, VANGUARD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING VANGUARD’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
