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Legal Restrictions and Terms of Use Applicable to VizSeek
Use of VizSpace signifies your agreement to these Terms of Use. Please read these
terms and conditions carefully before using VizSpace. The terms identified here
do not include VizSeek Search Marketing (VizAds, VizLeads, VizChallenge).
These Terms of Use constitute a legal agreement between you and Imaginestics, LLC
(herein referred to as “Imaginestics”). You must accept without modification all
of the terms, conditions, and notices contained in these Terms of Use in order to
access and use this website. If you do not accept these Terms of Use in their entirety,
you may not access or use this website.
Your use of VizSpace is subject to your adherence to, and acceptance of, the terms
and conditions outlined below and the associated policies found in our privacy policy
and copyright/disclaimer information. See the links below. If you are using VizSpace
on behalf of a company or other legal entity, such entity may have a separate agreement
with us, but you are nevertheless individually bound by this Agreement. If you do
not want to become a User, do not conclude the Agreement, do NOT click “Create a
VizSpace” or “Create an Account” and do not access, view, download or otherwise
use any VizSpace webpage, information or services. By becoming a User you acknowledge
that you have read and understood the terms and conditions of this Agreement and
that you agree to be bound by all of its provisions. Please note that the VizSpace
User Agreement and Privacy Policy are also collectively
referred to as VizSpace’s “Terms of Service.”
USER CONDUCT
By creating a VizSpace, you acknowledge that you are an authorized representative
of the company whose name you register for that VizSpace.
Imaginestics provides its visual search service solely to enable our users with
legitimate requests for product and service information to connect with companies
in VizSpace. You alone are responsible for the contents of your message. You agree
that you will not use our e-mail service for chain letters, junk mail, "spamming"
or commercial solicitations or to send any message or material that (a) is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive or illegal; (b) contains viruses or other features that might contaminate
or destroy this website; (c) violates the copyright, patent, trade secret or any
other rights of another party; or (d) otherwise gives rise to liability or violates
any other applicable law. You also agree that you may not take the results from
VizSpace search and reformat and display them, or mirror VizSpace home page or results
page on your Web site. You may not “meta-search” VizSpace. If we become aware of
or determine, in our sole discretion, that you are violating any of these Terms
of Use, we may modify or terminate your privileges, with or without notice to you.
If you want to make commercial use of VizSpace, you must enter into an agreement
with Imaginestics to do so in advance. Please contact us
for more information.
CONTENTS LINKED TO BY VIZSPACE
The sites displayed as search results or linked to by VizSpace are developed by
people over whom Imaginestics exercises no control. The search results that appear
from VizSpace's indices are indexed by VizSpace's automated machinery and computers,
and Imaginestics cannot and does not screen all the sites before including them
in the indices from which such automated search results are gathered. We cannot
guarantee that a VizSpace search will not locate unintended or objectionable content
and assume no responsibility for the content of any site included in any search
results or otherwise linked to by the VizSpace.
Links to other websites do not imply an endorsement of the materials disseminated
by suppliers at those websites, nor does the existence of a link to another website
imply that the organization or person publishing at that website endorses any of
the materials at this website. Imaginestics is not responsible for the materials
contained at any website linked to this website. In addition, you may be bound by
the terms of use and privacy provisions of other websites.
REQUEST FOR REMOVAL OF LINKS OR CACHED MATERIALS
Imaginestics occasionally receives requests from people to remove links from its
VizSpace indices. Although Imaginestics reserves the right to address such requests
individually, the general approach that Imaginestics takes reflects the following
principles:
VizSpace's indices consist of information that has been identified, indexed and
compiled through both Suppliers uploading their information in their respective
Supplier Center and an automated process with no advance review by human beings.
Given the enormous volume of web site information added, deleted, and changed on
a frequent basis, Imaginestics cannot and does not screen anything made available
through its indices. For each web site reflected in VizSpace's indices, if either
(i) a site owner restricts access to his or her web site or (ii) a site is taken
down from the web, then, upon receipt of a request by the site owner or a third
party in the second instance, Imaginestics would consider on a case-by-case basis
requests to remove the link to that site from its indices. However, if the operator
of the site does not take steps to prevent it, the automatic facilities used to
create the indices are likely to find that site and index it again in a relatively
short amount of time.
VizSpace stores many web pages in its cache to retrieve for users as a back-up in
case the page's server temporarily fails. Site owners may block VizSpace from returning
cached versions of their pages by using the NOARCHIVE meta-tag. Site owners may
also request immediate removal of cached page from the VizSpace Search Service.
Imaginestics evaluates such requests for the immediate removal of cached content
on a case-by-case basis and does not guarantee that every request will be granted.
The steps necessary to remove cached pages, and to prevent a site from being cached
and/or included in the indices, please contact us.
NO AUTOMATED QUERYING
You may not send automated queries of any sort to VizSpace without express permission
in advance from Imaginestics. Note that "sending automated queries" includes, among
other things:
- using any software which sends queries to VizSpace to determine how a website or
webpage "ranks" on for various queries;
- "meta-searching" VizSpace; and
- performing "offline" searches on VizSpace
LICENSE AND WARRANTY FOR YOUR SUBMISSIONS TO VIZSPACE
You own the information you add and upload to VizSpace under this Agreement, and
may request its deletion at any time, unless you have shared information or content
with others and they have not deleted it, or it was copied or stored by other users.
Any information you submit to us is at your own risk of loss as noted in Sections
2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled
to submit the information and that the information is accurate, not confidential,
and not in violation of any contractual restrictions or other third party rights.
It is your responsibility to keep your VizSpace profile information accurate and
updated.
SERVICE ELIGIBILITY
To be eligible to use the services provided on VizSpace, you must meet the following
criteria and represent and warrant that you: (1) are 18 years of age or older; (2)
are not currently restricted from the Services, or not otherwise prohibited from
having a VizSpace account, (3) are not a competitor of VizSpace or are not using
the Services for reasons that are in competition with VizSpace; (4) will only maintain
one VizSpace account at any given time; (5) have full power and authority to enter
into this Agreement and doing so will not violate any other agreement to which you
are a party; (6) will not violate any rights of VizSpace, including intellectual
property rights such as copyright or trademark rights; and (7) agree to provide
at your cost all equipment, software, and internet access necessary to use the Services.
SIGN-IN CREDENTIALS
You agree to: (1) Keep your password secure and confidential; (2) not permit others
to use your account; (3) refrain from using other Users’ accounts; (4) refrain from
selling, trading, or otherwise transferring your VizSpace account to another party.
Further, you are responsible for anything that happens through your account until
you close down your account or prove that your account security was compromised
due to no fault of your own.
PAYMENT
If you purchase any services that we offer for a fee, either on a one-time or subscription
basis (“Premium Services”), you agree to Imaginestics storing your payment card
information. You also agree to pay the applicable fees for the Premium Services
(including, without limitation, periodic fees for premium accounts) as they become
due plus all related taxes, and to reimburse us for all collection costs and interest
for any overdue amounts. Your obligation to pay fees continues through the date
you cancel your subscription to the Premium Services. All fees and charges are nonrefundable
and there are no refunds or credits for partially used periods. You also acknowledge
that VizSpace’s Premium Services are subject to this Agreement and any additional
terms related to the provision of the Premium Service.
NOTIFY US OF ACTS CONTRARY TO THE AGREEMENT
If you believe that you are entitled or obligated to act contrary to this Agreement
under any mandatory law, you agree to provide us with detailed and substantiated
explanation of your reasons in writing at least 30 days before you act contrary
to this Agreement, to allow us to assess whether we may, at our sole discretion,
provide an alternative remedy for the situation, though we are under no obligation
to do so.
NOTIFICATIONS AND SERVICE MESSAGES
For purposes of service messages and notices about the Services to you, notice shall
consist of an email from Imaginestics or VizSpace or VizSeek to an email address
associated with your account, even if we have other contact information. You also
agree that Imaginestics may communicate with you through your VizSpace account or
through other means including email, mobile number, telephone, or delivery services
including the US Postal Service about your VizSpace account or services associated
with VizSpace. You acknowledge and agree that we shall have no liability associated
with or arising from your failure to do so maintain accurate contact or other information,
including, but not limited to, your failure to receive critical information about
the Service.
MOBILE SERVICES
Imaginestics may offer the Services through mobile applications created by it or
third party developers (“Platform Developers”). If you use the Services through
a mobile device, you agree that information about your use of the Services through
your mobile device and carrier may be communicated to us, including but not limited
to your mobile carrier, your mobile device, or your physical location. In addition,
use of the Services through a mobile device may cause data to be displayed on and
through your mobile device. By accessing the Services using a mobile device, you
represent that to the extent you import any of your VizSpace data to your mobile
device that you have authority to share the transferred data with your mobile carrier
or other access provider. In the event you change or deactivate your mobile account,
you must promptly update your VizSpace account information to ensure that your messages
are not sent to the person that acquires your old number and failure to do so is
your responsibility. You acknowledge you are responsible for all charges and necessary
permissions related to accessing VizSpace through your mobile access provider. Therefore,
you should check with your provider to find out if the Services are available and
the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services,
you are explicitly confirming your acceptance of the terms of the End User License
Agreement associated with the application provided at download or installation,
or as may be updated from time to time.
USER-TO-USER COMMUNICATION AND SHARING
Imaginestics offers various forums such as VizSpace Discussions where you can post
your observations and comments on designated topics. VizSpace also enables sharing
of information by allowing users to post information to their profile. Ideas you
post and information you share may be seen and used by other Users, and VizSpace
cannot guarantee that other Users will not use the ideas and information that you
share on VizSpace. Therefore, if you have an idea or information that you would
like to keep confidential and/or don’t want others to use, or that is subject to
third party rights that may be infringed by your sharing it, do not post it to any
VizSpace group or elsewhere on VizSpace. IMAGINESTICS IS NOT RESPONSIBLE FOR A USER’S
MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY VIZSPACE
COMMUNITY FORUMS.
PRIVACY
You should carefully read our full Privacy Policy before
deciding to become a User as it governs our treatment of any information, including
personally identifiable information you submit to us. Please note that certain information,
statements, data and content (such as photographs) which you may submit to VizSpace,
or groups you choose to join might, or are likely to, reveal your gender, ethnic
origin, nationality, age, religion and/or sexual orientation, and/or other personal
information about you. You acknowledge that your submission of any information,
statements, data, and content to us is voluntary on your part.
EXPORT CONTROL
Your use of VizSpace services, including our software, is subject to export and
re-export control laws and regulations, including the Export Administration Regulations
(“EAR”) maintained by the United States Department of Commerce and sanctions programs
maintained by the Treasury Department's Office of Foreign Assets Control. You shall
not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise
dispose of any software or service to any end-user without obtaining the required
authorizations from the appropriate government authorities. You also warrant that
you are not prohibited from receiving US origin products, including services or
software.
OUR RIGHTS AND OBLIGATIONS
Services Availability
For as long as Imaginestics continues to offer the Services, Imaginestics shall
provide and seek to update, improve and expand the Services. As a result, we allow
you to access VizSpace as it may exist and be available on any given day and have
no other obligations, except as expressly stated in this Agreement. We may modify,
replace, refuse access to, suspend or discontinue VizSpace, partially or entirely,
or change and modify prices for all or part of the Services in our sole discretion.
All of these changes shall be effective upon their posting on our site or by direct
communication to you unless otherwise noted. VizSpace further reserves the right
to withhold, remove and or discard any content available as part of your account,
with or without notice if deemed by VizSpace to be contrary to this Agreement. For
avoidance of doubt, VizSpace has no obligation to store, maintain or provide you
a copy of any content that you or other Users provide when using the Services.
Third Parties
VizSpaces are created by third party companies (“Third Party VizSpaces”). VizSpace
may also include links to third party web sites (“Third Party Sites”). VizSpace
also enables Platform Developers to create applications (“Platform Applications”)
that provide features and functionality using data made available by VizSpace.
You are responsible for evaluating whether you want to access or use a Third Party
VizSpace, a Third Party Site or Platform Application. You should review any applicable
terms and/or privacy policy of a Third Party VizSpace, Third Party Site or Platform
Application before using it or sharing any information with it, because you may
give the operator permission to use your information in ways we would not.
Imaginestics is not responsible for and does not endorse any features, content,
advertising, products or other materials on or available from Third Party VizSpaces
or Third Party Sites. Imaginestics also does not screen, audit, or endorse Third
Party VizSpaces, Third Party Sites, or Platform Applications.
Accordingly, if you decide to access Third Party VizSpaces, Third Party Sites or
use Platform Applications, you do so at your own risk and agree that your use of
any Third Party VizSpace, Third Party Site, or Platform Application is on an “as-is”
basis without any warranty as to the Third Party VizSpace, Third Party Site, or
Platform Developer’s actions, and that this Agreement does not apply to your use
of any Third Party VizSpace, Third Party Site or Developer Application.
Please note: If you allow a Third Party VizSpace, Platform Application or Third
Party Site to authenticate to or connect with your VizSpace account, that application
or website can access information on VizSpace related to you and your connections.
For additional information regarding Platform Developers and Platform Applications,
please refer to VizSpace’s Privacy Policy.
Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your
registration and any other information you provide if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary in our opinion to: (1) comply with legal process, including but not limited
to civil and criminal subpoenas, court orders or other compulsory disclosures; (2)
enforce this Agreement; (3) respond to claims of a violation of the rights of third
parties, whether or not the third party is a User, individual, or government agency;
(4) respond to customer service inquiries; or (5) protect the rights, property,
or personal safety of VizSpace, our Users or the public.
Connections and Interactions with other Users
You are solely responsible for your interactions with other Users. Imaginestics
may limit the number of connections you may have to other Users and may, in certain
circumstances, prohibit you from contacting other Users through use of the Services
or otherwise limit your use of the Services. Imaginestics reserves the right, but
has no obligation, to monitor disputes between you and other members and to restrict,
suspend, or close your account if Imaginestics determines, in our sole discretion,
that doing so is necessary to enforce this Agreement.
DISCLAIMER
IMAGINESTICS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE
OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." IMAGINESTICS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR
SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. IMAGINESTICS DOES NOT WARRANT
THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS
WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY
PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES,
CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT IMAGINESTICS, LLC) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IMAGINESTICS DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY
BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMAGINESTICS,
ITS LICENSORS OR PARTNERS OR COMPANIES THAT HAVE A PRESENCE ON THIS WEBSITE AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND INFORMATION PROVIDERS (COLLECTIVELY,
"IMAGINESTICS PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE,
EVEN IF A IMAGINESTICS PARTY OR A IMAGINESTICS PARTY AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS
WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN NO EVENT SHALL IMAGINESTICS PARTY'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS WEBSITE.
COPYRIGHT/DISCLAIMER
Copyright © 2011 Imaginestics, LLC. All rights reserved. No materials contained
on this web site may be published, broadcast, or otherwise distributed without the
prior written permission of Imaginestics, LLC. Any reproduction permitted under
the Terms of Use Agreement must contain notice of Imaginestics, LLC's copyright
as follows: "Copyright © 2011 Imaginestics, LLC. All rights reserved."
VizSeek, VizSpace, 3DSeek, VizAdvise, VizCompare, VizConfig, VizAds, VizOpps, VizChallenge,
VizStitch, and Imaginestics, and/or any other names of products or services provided
by Imaginestics, LLC referenced herein or on this website are either trademarks
or registered trademarks of Imaginestics, LLC. The names of other companies, products
and services referenced herein may be the trademarks of their respective owners.
The text, compilation of data, visual images and product categorizations contained
on VizSpace or any other web site owned, operated, licensed, or controlled by Imaginestics,
as well as the design and layout of such web sites, contain elements protected by
trade dress, copyright, and/or other laws, and may not be copied or imitated in
whole or in part. No text, logo, graphic, sound or image from any Imaginestics web
site may be copied or retransmitted unless expressly permitted by Imaginestics.
While Imaginestics, LLC has made every effort to maintain accurate information on
this web site; the information contained herein may contain errors or omissions.
Imaginestics, LLC makes no warranties or representations of any kind about accuracy
or suitability of the information contained on this web site for any purpose. All
such information is provided "as is," and with specific disclaimer of any warranties
of merchantability, fitness for a particular purpose, title, and/or non-infringement.
TERMINATION
These Terms of Use are effective until terminated by either you or Imaginestics.
You may terminate these Terms of Use at any time by destroying all materials obtained
from this website and all related documentation and all copies and installments
thereof whether made under the terms of these Terms of Use or otherwise. This Agreement
will terminate immediately without notice from IMAGINESTICS, if in IMAGINESTICS's
sole discretion, you (a) fail to comply with any term or provision of these Terms
of Use; or (b) are a repeat infringer of any third party's rights; or (c) engage
in conduct that is illegal, tortious or that interferes with the technological operation
of this website. Upon termination, you must destroy all materials obtained from
this website and all copies thereof, whether made under the terms of these Terms
of Use or otherwise. IMAGINESTICS may change, suspend or discontinue all or any
aspect of this website at any time, without prior notice or liability to you, any
other user or any third party.
INDEMNITY
You agree, to the fullest extent permitted by law, to indemnify, defend and hold
harmless IMAGINESTICS PARTIES from and against any claims, liability, losses, costs
and expenses (including but not limited to reasonable attorneys' fees) incurred
by any IMAGINESTICS PARTY in connection with any use or alleged use of this website
under your password by any person, whether or not authorized by you, or any other
violation of these Terms of Use by you. IMAGINESTICS reserves the right to assume
the exclusive defense and control, at its own expense, of any matter otherwise subject
to indemnification by you. In such case, you agree to cooperate with IMAGINESTICS'
defense of such claim.
JURISDICTIONAL ISSUES
This website is controlled and operated by IMAGINESTICS from its offices in Indiana,
United States of America. IMAGINESTICS makes no representation that materials on
this website are appropriate or available for use in other locations. Those who
choose to access this website from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local laws
are applicable. Software from this website is further subject to United States export
controls. No software from this website may be downloaded or otherwise exported
or re-exported (i) into Syria, North Korea, Iran, Iraq, Libya, Cuba or any other
country to which the United States has embargoed goods; (ii) to a national or resident
of same; or (iii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country or on any
such list.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between the parties relating
to the subject matter herein. We reserve the right to modify these Terms of Use
from time to time without notice. Please review these Terms of Use from time to
time so that you will be apprised of any changes. These Terms of Use shall be governed
by and construed in accordance with the laws of the State of Indiana, United States
of America without giving effect to any principles of conflicts of law. You and
IMAGINESTICS consent to bring any action to enforce these Terms of Use in the federal
or state courts located in Lafayette, Indiana, United States of America. If any
provision of these Terms of Use shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions.
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