We are glad that you have chosen to become a VizConnect member. We offer our services to you and/or your business on the condition that you agree to abide by the following terms and conditions.
These terms serve as an agreement between yourself and/or affiliated business entity ("you") and VizConnect LLC ("VizConnect","we", or "us"), which you are accepting online, and which govern your use of VizConnect services, software and features (collectively, the "Services"). Since VizConnect is an online, interactive service, you agree that we may provide you with important information and terms electronically, either by email or by posting such notices online. You may not use VizConnect unless you comply with these terms.
We offer you the Services (including its content, software and services) on a personal, limited and non-exclusive basis for personal and lawful use only. You may not transfer these rights to anyone else. You may access the Services only through the software, interfaces and protocols provided or authorized by us. Further, you may not resell or redistribute the Services, or otherwise share your access to the Services with any third party, under any circumstances.
Eligibility requirements for VizConnect: (a) you must complete the registration process and agree to these terms; (b) all contact information you submit must be true, complete, and up to date; and (c) the person establishing the account must be 13 years or older. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time. We may refuse the use of any user name that we determine is unacceptable.
You must keep your log-in information confidential. You must comply with all laws and these terms and conditions. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use the Services. You must back up at your own expense any data, such as contact information, files and other data that you desire to keep.
So long as you access the Services, you agree to pay VizConnect a monthly membership fee (the "Membership Fee"), by credit card. We will automatically charge the credit card associated with your membership account for the Membership Fee on a monthly basis unless and until you request to terminate your account.
The Membership Fee shall not increase for the first twelve months you are a member. However, VizConnect retains the right to revise the Membership Fee at the time after this twelve-month period, but in no circumstance more often than once per calendar year.
VizConnect shall have the right to remove your access to the VizConnect Services if you do not make timely payment of the Membership Fee, for instance if the credit card is refused by the issuing bank. If VizConnect opts to remove access in this manner, it shall promptly reinitiate access to the Services upon payment of the Membership Fee, plus all unpaid fees due in arrears.
There will be no refunds or credits for partial months of service.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Our Privacy Policy is located at http://vizconnect.com/privacy-policy. By using VizConnect, you agree to this Privacy Policy.
You agree and acknowledge that VizConnect and our suppliers retain all right, title and interest in and to the original, and any copies, of software that is incorporated into the Services, and further holds all intellectual property rights and the ownership relating to the Services, all related documentation and trade marks, industrial designs, logos, designations or copyrights and any copies thereof, and of all trade secret, patents and other intellectual or industrial property rights therein. We and our suppliers reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of the Services. You may not modify, adapt, or create derivative works from the Services. You agree that you will not assist anyone else to do any of the things prohibited in this paragraph.
You shall be solely responsible for your own content and the consequences of submitting your content to the Services. You affirm, represent and warrant that you own all of the content you submit to the Services. Further, you license to VizConnect all proprietary rights in and to such content for presentation through the Services.
We have no duty to pre-screen your content.
You retain all of your ownership rights in the content you submits to the Services. However, by submitting content to the Services, you hereby grant VizConnect a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Services and the marketing thereof. You also hereby grant each consumer user of the Services a non-exclusive license to access your content through the Services.
You agree that content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant VizConnect all of the license rights granted herein.
You agree that you will not submit to the Services any content that depicts nudity, is sexually explicit, that incites hatred, include hate speech, defamatory or discriminatory speech or content depicting unlawful acts or extreme violence.
You agree to notify VizConnect of, or otherwise identify in the manner provided by VizConnect, content that describes goods or services that may, by law, be sold or provided only to persons above a certain age. We reserve the right to limit access to such content to persons above the applicable age limit.
In no event shall VizConnect, its owners, employees, representatives and agents (including "Enterprise Agents") be liable for any indirect, incidental, special or consequential damages, including loss of profits, revenue, data, or use, incurred by you arising from your use of, inability to use, or reliance upon the Services, whether in an action in contract or tort, even if we have been advised of the possibility of such damages. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE SERVICES IS TO DISCONTINUE YOUR USE OF THE SERVICES.
The Services are provided "AS IS" without warranty of any kind. To the maximum extent permitted under applicable law, VizConnect makes no representations and further disclaims all other express or implied warranties, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESIGN, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. The entire risk arising out of the use or performance of the Services remains with you.
You agree to defend, indemnify, and hold harmless VizConnect, its owners, employees, representatives and agents from all liabilities, claims, and expenses - including attorney’s fees - that arise from your use or misuse of the Services.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The account screen provides a simple no questions asked cancellation link.
All of your content and data will be immediately deleted from the Services upon cancellation. This information can not be recovered once your account is cancelled. Further, upon cancellation of your account, all URLs associated with your account will no longer point to your content, but rather to generic content stating that the account is no longer active.
If you cancel your account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please contact us by sending an email to info@vizconnect.com to report possible copyright infringement. In your email, you must provide us with the following information:
VizConnect may need to modify these terms. You agree that we may modify these terms at any time. Therefore, you should review these terms regularly to learn about any changes. Your ongoing use of the Services after we post changes to this agreement means that you accept the new terms.
The provisions of these terms and conditions shall be binding on and shall inure to the benefit of any such successor in interest to VizConnect. You may not assign either this Agreement or any of your rights, duties or obligations hereunder.
These terms and conditions shall be construed in accordance with the internal laws of the Commonwealth of Massachusetts. Any and all matters of dispute of any nature whatsoever arising out of or in any way connected with these terms and conditions shall be subject to determination only by the State or Federal courts located in Massachusetts. You hereby consent and submit to the venue and jurisdiction of the State or Federal Courts located in Massachusetts as the sole and exclusive forum, and further agree that, in the event of any action or suit as to any matters of dispute between the parties, service of any process may be made upon the other party by mailing a copy of the summons and/or complaint to the other party and a party’s refusal to accept any such notice shall be equivalent to service.
Failure of VizConnect to enforce a right under these terms and conditions shall not constitute a waiver of that right or the ability to later assert that right relative to the particular situation involved.
If any provision of these terms and conditions will be found by a court to be void, invalid, or unenforceable, the same will be reformed to comply with applicable law or stricken if not so conformable, so as not affect the validity or enforceability of these terms and conditions.
