Please read these terms of service ("Terms of Service") carefully. They apply to your use of the VEXwestern website at www.vexwestern.com (the " Vex Western Website"). We will refer to the VEXWestern Website as the “VEXShow Services." A "User" is someone who uses the VEXshow Services. The Terms of Service set forth the legally binding terms for your use of the VEXshow Services. By using the VEXshow Services, you agree to be bound by the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not access download or use the VEXshow Services. VEXshow may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.vexwestern.com/terms. Your continued use of the VEXshow Services constitutes your acceptance of such changes.
By using the Site and/or the Services provided on or through the Site or App, you consent to receiving electronic communications from VEXshow. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with VEXshow. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Application and the Services (defined below) are offered only to users thirteen (13) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with or using the Site or the App, or by purchasing or using any of the Services, you represent and warrant to VEXshow that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Application or website and for purchasing and using the Services, and you may only use them for lawful purposes.
VEXshow grants you a revocable, non-exclusive, non-transferable, personal, non-sub licensable, limited and non-transferable right to download, install and use the Application on a single Mobile Device owned and controlled by you, and to access and use the Application on such Mobile Device strictly in accordance with the Terms and Conditions of this License, the usage rules and any service agreement associated with your Mobile Device.
You shall use the Application strictly in accordance with the Terms and Conditions and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of VEXshow or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the VEXshow; (g) use any proprietary information or interfaces of VEXshow or other intellectual property of VEXshow in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (h) be located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and you are not listed on any US Government list of prohibited or restricted parties.
In order to access some features of the VEXshow Services, you will have to create a VEXshow account ("Account"). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another VEXshow account holder at any time or to disclose your password to any third party. You may never create an account using a false identity or information, on behalf of someone other than yourself or use another person's account without permission. You agree to notify Reachoutwest immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation and as applicable, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use and/or receive all or any part of the Site, the App and/or the Services, and/or Reachoutwest’s termination of this Agreement. For security purposes, you shall immediately notify VEXshow if you suspect a third party has gained access to or is using your User Account without authorization. For the avoidance of doubt, VEXshow has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your User Account in order to facilitate the exercise and performance of VEXshow’s rights and obligations under this Agreement, the operation of the Site and the App, and/or any other the rights, obligations and services related to the subject matter of this Agreement.
The VEXshow services provides a platform that allows Users to connect with other individuals for the purpose of participating in western events and other group activities. The platform also provides information related to the users set preference.
The Services contain copyrighted material, trademarks and other proprietary information, including but not limited to, text, images, photos, software, video, graphics, music and sound, and applications. The entire contents of the Services are protected by United States copyright, trademark, patent, trade secret and other laws. Unless otherwise noted, VEXshow, or their parents, subsidiaries or affiliates own all content that is part of the Services. Although the Services are freely accessible, by providing such access we do not intend to relinquish our respective rights, or any other party's rights, to the materials appearing on the Services. The material on the Services is provided for private, non-commercial use only.
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The designated agent to receive notifications of claimed infringements is: Copyright Agent, c/o VEXshow, PO Box 1493, Telephone number:1.844-737-6336, email address: info@VEXshow.com. Please include in your e-mail the URL of the website or the name of the mobile application or other service which you believe to contain infringing content.
If you consider any material appearing on the Services to be objectionable and would like to report it, please contact us at www.VEXshow.com. Please include in your e-mail the URL of the website or the name of the mobile application.
“VEXshow” and the VEXshow logo and any VEXshow product or service names, logos or slogans are VEXshow’s trademarks in USA and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VEXshow. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by VEXshow.
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
VEXshow may send reminders, alerts (further referred to as ‘notifications’), or critical service-related notifications via SMS text message, (“Mobile application”) push or email to its users, and you acknowledge and consent to the receipt of such messages. VEXshow may use its carrier of choice for SMS message delivery. You certify that you are the account holder of the mobile phone number provided to VEXshow or that you have the account holder’s express permission to use the specified phone to receive text messages about your account from VEXshow. You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. VEXshow shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider. Opting not to receive SMS or push notifications from Reach will terminate your access and account. Opting out will bar you from receiving messages related to your Account maintenance and billing.
General You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties. Disclaimer You acknowledge that VEXshow does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and VEXshow and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. VEXshow hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services. Third Party Terms of Service You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party located using the Application or website are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that VEXshow and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. User Content You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the Services (“User Content”). The User Content you provide must comply with the rules set forth below. These rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following: User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable; User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law; User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party; User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers; Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages; User Content designed to deceive or trick the user of the Services; Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or User Content that, in the sole judgment of VEXshow, is objectionable. Although VEXshow does not control and has no obligation to screen, edit or monitor any of the User Content posted, stored or uploaded on (or otherwise made available via) the Services, VEXshow reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense. VEXshow takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on (or otherwise made available via) the Services. Except for any Feedback you provide with respect to the Services, you retain ownership of the User Content you post, store or upload on (or otherwise make available via) the Services. You hereby grant VEXshow and our affiliates a non-exclusive, royalty-free, perpetual, and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post, store or upload on (or otherwise make available via) the Services or you otherwise have the right to make available such User Content via the Services and grant the rights granted in these Terms; (ii) the User Content that you post, store or upload on (or otherwise make available via) the Services is accurate and not misleading; and (iii) VEXshow’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity. User Conduct You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not and will not permit anyone using your account to do any of the following in connection with the Services: Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner or in any way inconsistent with any documentation provided to or made available to you by VEXshow concerning the Services; Flag content or report abuse for improper purposes or without good reason; Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by VEXshow; Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; Create an account or post, store or upload (or otherwise make available) any User Content if you are not over 13 years of age; Use or attempt to use another user’s account without authorization from such user and VEXshow; Modify, adapt, hack or emulate the Services; Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; Develop any third-party applications that interact with User Content or the Services without our prior consent; Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third-parties; and Infringe upon or violate the rights of VEXshow, our users or any third-party. If your account is disabled, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account with VEXshow. VEXshow takes no responsibility and assumes no liability for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Services. Your use of the Services is at your own risk. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services. Term and Termination Term This License shall be effective until terminated. Termination VEXshow may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by the VEXshow. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device. You are responsible for terminating your account and this agreement and we are not responsible for your failure to properly terminate your service and this agreement nor for any credit card charges and fees you incur as a result of your failure to properly terminate your service and this agreement. Disclaimers and Limitations of Liability. This section limits the liability of the Company and its parents, subsidiaries, partners, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “VEXshow”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. 1. The Services are Available “AS-IS” YOU UNDERSTAND AND AGREE THAT USE OF THE COMPANY APPLICATIONS AND SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIUMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE VEXSHOW DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE VEXSHOW MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE VEXSHOW OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. 2. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VEXSHOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) YOUR ACCESS OR USE OF THIRD-PARTY SERVICES THAT SUPPORT THE SERVICE, SUCH AS PAYMENT PROCESSORS (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (IV) ANY CONTENT OBTAINED FROM THE SERVICES; OR (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VEXSHOW ENTITIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO VEXSHOW, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT VEXSHOW HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Indemnification You shall indemnify, defend and hold harmless VEXshow and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License. Compatibility VEXshow does not warrant that the Application will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that VEXshow and its employees, directors, shareholders, affiliates, partners, suppliers or licensors and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems. Product Claims You acknowledge that you (not VEXshow are responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify VEXshow of any third party claims relating to the Application of which you become aware. Furthermore, you hereby release VEXshow from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Miscellaneous Severability If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law. Such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. Mobile charges The internet connection required to use the Application and any associated charges (e.g. mobile data expenses) incurred by your use of the Application are your exclusive responsibility and made solely at your own expense. Improvement of Application We are constantly changing and improving our app. We may add, remove, modify, change, limit, disable, suspend or discontinue (temporarily or permanently), the Application or any service to which it connects at any time, without notice and without liability to you. You acknowledge that Apple / Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application. You also acknowledge that the VEXshow has no express or implied obligation to announce or make available any updates to the Application to anyone in the future. Google Play services Application may use Google Play Services in order to work properly. That includes Google Maps services, Google Analytics, Google Firebase, Google Admob, Google In-app Billing etc. Apple services (iOS devices only) iOS application may use Apple Services in order to work properly. That includes iCloud service, Apple In-App Purchase service. Battery life Continued use of location services running in the background can dramatically decrease battery life. Applicable Law Any dispute between you and VEXshow will be governed by these Terms and the laws of the State of Texas and applicable USA law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction. Complete Agreement These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and VEXshow. These Terms do no create or confer any third-party beneficiary rights. Questions and Comments VEXshow welcomes comments, questions, concerns, or suggestions. Please send feedback to us by email at: info@VEXshow.com