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Viisual Website Terms and Conditions of Use
Your Agreement with Viisual:
Welcome to this Viisual website ("Site"). Following are the Terms and Conditions of Use ("Terms") that govern your use of this Site.
Ownership of This Site
This Site is owned and operated by Viisual. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Viisual, its visual artists, licensors and/or its content providers.
"Viisual", "Viisual Pro", "An Extra Eye", "An Extra Pair of Eyes" and "Imagery, Ideas and Visionary Resources" are trademarks of Viisual.
All elements of Viisual websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Viisual or one of its subsidiaries or content providers, no portion or element of this Site or its Content may be copied or retransmitted via any means and this Site, its Content and all related rights shall remain the exclusive property of Viisual or its third party content providers unless otherwise expressly agreed. Content (including photographic and other visual images) viewed by you via the Site may only be viewed by you for personal, non-commercial purposes and NOT for any commercial purpose or re-sale or re-distribution of any kind, and may NOT be duplicated or otherwise reproduced or altered by you. You shall indemnify Viisual, its subsidiaries, its affiliates, third party content providers, and visual artists against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
Your Use of the Site
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site or Viisual's systems or networks, or any systems or networks connected to Viisual or the the Site. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You agree to provide truthful and accurate information in all online forms you complete and submit on the Site.
Feedback and Information
Any feedback you provide shall be deemed to be non-confidential. Viisual shall be free to use such information on an unrestricted basis.
Unsolicited Idea Submissions
Viisual or any of its employees do not accept or consider unsolicited ideas, including ideas for advertising, services, service features, design, marketing plans or any other types of ideas. Please do not submit unsolicited ideas, plans, layouts, suggestions or other works ('submission') in any form to Viisual or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Viisual develops services or business strategies that might seem similar to ideas submitted to Viisual. If you ignore Viisual's policy and submit your ideas, then regardless of what any documentation included with your submission says, the following terms shall apply to your submission:
You agree that: (1) your idea submission and it's contents will automatically become the property of Viisual, without any compensation to you; (2) Viisual may use or redistribute the idea submission and its contents for any purpose and in any way; (3) there is no obligation for Viisual to review the idea submission; and (4) there is no obligation to keep any submission confidential.
"Viisual," and the Viisual logo are the property of Viisual. All other trademarks logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.
THIS SITE AND ITS CONTENT ARE DISPLAYED AND PROMOTED "AS IS" AND VIISUAL EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. VIISUAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT VIISUAL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.
Except as specifically stated in these Terms or elsewhere on this Site, or as otherwise required by applicable law, neither Viisual nor its agents, employees, visual artists, other content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Site or the Content whether or not we have been advised of the possibility of such damages.
Viisual uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
There may be links to other websites from the Site; however, these other websites are not controlled by Viisual and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Viisual regarding the inclusion of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law, Venue and Arbitration
This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of California in Los Angeles County. Users of this Site agree that any and all disputes arising from the use of this Site or the viewing of any materials from this Site, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Viisual shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Viisual, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.
No Waiver, Severability
No action of Viisual, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms, our services, other information and available contractual terms featured on this Site without notice. These conditions set out the entire agreement between Viisual and you relating to your use of this Site.
This Site is owned by Viisual. You can contact us with questions, comments or concerns using the following information:
(Last Updated: November 1, 2012)