Terms of Use


In order to use VizSeek Web Search, VizSeek Basic, VizSeek Premium our mobile applications, or APIs described herein, you must abide by the Terms of Use given here.

Thank you for using VizSeek. VizSeek consists of: (a) a web (or in some cases, mobile-application-based) search engine, hereafter referred to as “VizSeek web search” or “web search,” for finding 3D models and images of products and (b) paid services for searching files referred to as “VizSeek Basic” and “VizSeek Premium”. VizSeek web search and VizSeek Basic and VizSeek Premium are services provided by Imaginestics, LLC, hereafter referred to as “Imaginestics”, “we”, or “us.” These terms of service ("Terms") cover your use of VizSeek and all services (whether free or fee-incurring), software, content and other materials accessed through it via www.VizSeek.com (the “website”) and through any other VizSeek mobile application (all of the foregoing collectively, the "Services") provided by Imaginestics, LLC. By using any of these Services, you're agreeing to be bound by these Terms, and to review our Privacy policy located here, which is hereby incorporated by reference. IF YOU DO NOT AGREE TO THE TERMS, IMAGINESTICS DOES NOT GRANT YOU THE RIGHT TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES.

If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization. If you are using these Services 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.

To use VizSeek, you must be over 18 and you must comply with these Terms.

To be eligible to use the Services, 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 an account with us, (3) are not a competitor of Imaginestics or are not using the Services for reasons that are in competition with Imaginestics; (4) 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; (5) will not violate any rights of Imaginestics, including Intellectual Property Rights such as copyright or trademark rights; and (6) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

This website is not intended for anyone under the age of 18. If you are under 18, please do not attempt to register on our website.

We don’t allow automatic creation of accounts. Please only create accounts with truthful information.

In order to use VizSeek Basic, VizSeek Premium and certain other Fee-Incurring Services, you must create an account with us. You are not permitted to create accounts with the Services through unauthorized means, including but not limited to, by using a script, bot, spider, crawler, or scraper, or other automated methods. These accounts may be removed upon detection. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process ("Account Information"). Your login may be used by only one person – a single login shared by multiple individuals is not permitted. When you choose to provide information to the Services, you agree that all information you provide to register with the Services and to create your account shall be true, accurate, current and complete, and you agree to update your information as necessary to ensure that it remains true, accurate, current and complete. You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You agree that you will not solicit, collect or use the login credentials of other users. We reserve the right, at any time, in our sole discretion, to disable any user name, password or other identifier, whether chosen by you or provided by us, and to terminate your account or otherwise deny you access, without notice and without liability, subject to any partial refunds set forth in these Terms for early Service changes.

You are responsible for your own account information.

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 VizSeek 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.

Information in VizSeek web search is added automatically from the web, and we typically don’t review it and are not obligated to do so.

VizSeek web search provides a search engine for 3D models and images of products. The presented content on VizSeek web search is provided by other websites.

The sites displayed as search results or linked to by these Services are developed by people over whom Imaginestics exercises no control. The search results that appear from VizSeek’s indices are indexed by VizSeek'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 VizSeek search will not locate unintended or objectionable content and you agree that we haveno responsibility or liability for the content of any site included in any search results or otherwise linked to by VizSeek.

In addition, you may be bound by the terms of use and privacy provisions of such linked websites or applications, which may differ considerably from those of Imaginestics.

Links to other websites, as well as interoperability with third party applications, do not imply an endorsement of the, products, features, services or materials disseminated by suppliers at those websites or developers of those applications, nor does the existence of a link to another website or connectivity to an application imply that the organization or person publishing at that website or developing the application endorses any of our content or Services.

Imaginestics reserves the right to remove any Content, including, without limitation, Your Content, without notice, including, without limitation, that which violates rights of third parties or statutory provisionsor violates these Terms. Imaginestics shall not be liable for any damages or losses that may result from a disruption of service.

We will consider requests to remove indexed data on a case-by-case basis.

Imaginestics occasionally receives requests from people to remove links from its VizSeek indices for various reasons. Although Imaginestics reserves the right to address such requests individually, the general approach that Imaginestics takes reflects the following principles:

VizSeek’s indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of website information added, deleted, and changed on a frequent basis, Imaginestics cannot and does not screen anything made available through its indices. For each website reflected in VizSeek’s indices, if either (i) a site owner restricts access to his or her website 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.

VizSeek 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 VizSeek 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 VizSeek 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. To better understand the steps necessary to remove cached pages, and to prevent a site from being cached and/or included in the indices, please contact us.

Imaginestics respects copyrights and provides ways for you to get in touch with us if you feel a copyright has been infringed.

Imaginestics complies with the federal Digital Millennium Copyright Act ("DMCA"). We will respond to notices of alleged copyright or other Intellectual Property infringement that comply with the DMCA and other applicable laws. In addition, you agree that, in the event Imaginestics receives a written demand alleging that Your Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, Imaginestics may in its sole discretion, remove or disable access to such Content.

If you believe that any materials on these Services infringe your copyright or other Intellectual Property Right, please provide us with the following information: (1) a physical or electronic signature of the Intellectual Property owner or a person authorized to act on their behalf; (2) identification of the protected work and Intellectual Property Right (ie, copyright or trademark) that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (3) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that the complained use of the materials is not authorized by the Intellectual Property owner, its agent, or the law; and (6) a statement by you, made under "penalty of perjury," that the above information in your notice is accurate and that you are the lawful Intellectual Property owner or Intellectual Property owner or are authorized to act on the owner's behalf.

Note: If you are asserting infringement of an Intellectual Property Right other than copyright, you must specify the Intellectual Property Right at issue (for example, "trademark") in your written notice. Please contact Imaginestics’ Copyright Agent for Notice of Claims of Intellectual Property infringement at the following physical or email addresses:

If by mail:

Jamie Tan
Imaginestics, LLC
3495 Kent Ave., Suite A100
West Lafayette, IN 47906

If by email: support@vizseek.com

If you believe that Your Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to Imaginestics’ Copyright Agent : (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

If a counter-notice is received by Imaginestics’ Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to fourteen business days or more after receipt of the counter-notice, at Imaginestics’ sole discretion.

VizSeek Basic and VizSeek Premium; Private area of website

The Services include optional subscription access to VizSeek Basic and VizSeek Premium, which enables users to upload and share files and data with people they choose, by setting up a private collaborative space. Such private collaborative space is reserved for the sole and exclusive use of the person or entity that has created it utilizing VizSeek Basic or VizSeek Premium, and no other user of the Services is authorized to access this private area.

You are responsible for what you upload to VizSeek Basic or VizSeek Premium, and you may not post or upload anything that is inappropriate, harmful, illegal, or in violation of this Agreement.

You alone are responsible for the content of your messages and any other information, specifications, images, pdfs, models, diagrams, drawings, videos or other materials that you post to your profile or email services or any other portions of the Services (collectively, “Your Content”). You do not have the right, and you agree that you will not attempt to, use our e-mail service or any other portion of the Services for chain letters, junk mail, "spamming" or commercial solicitations:

(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 or interfere with this website;

(c) violates the copyright, patent, trade secret or any other rights of another party; website

(d) transmits any instructions in crime or drug use;

(e) encourages conduct that would constitute a criminal or civil offense; or

(f) otherwise gives rise to liability or violates any other applicable law.

You also agree that you may not, and are not granted the right to, take the results from VizSeek search and reformat and display them, or mirror VizSeek on your own website. You may not "meta-search" VizSeek or any other portion of the Services.

Subject to your rights in Your Content, as defined below, these Services, including without limitation, any information, photographs, images, video, audio, graphics, logos, marks, maps or text on the website, whether provided by us or third parties (collectively, “Content”), and all patent, copyright, trademark, trade dress, domain name and other proprietary rights (collectively, “Intellectual Property”) therein, whether now existing or hereafter coming into existence, are and shall be the sole property of Imaginestics and its licensors. Imaginestics and our licensors also own all Intellectual Property Rights in and to the Service, including, without limitation, all software that is used to provide the Service.

You are granted a limited, personal non-transferable license to use the website and applicable Services and to view, copy, download and print the Content for your internal informational purposes. The foregoing license is subject to and conditioned upon your payment of all applicable fees and registration requirements and on compliance with these Terms, including, without limitation, the conditions below and any additional terms, conditions and limitations applicable to Fee-Incurring Services. All other rights are expressly reserved to Imaginestics and its licensors.

We reserve the right, but are not obligated, to edit or remove Content, including, without limitation, Your Content, for any reason, including Content that we believe, in our sole discretion, violates these Terms.

The Content may be used solely for internal informational purposes. No part of these Services or any Content may be reproduced or transmitted in any form, by any means, for any other purpose.

Copyright, trademark, and other proprietary notices may not be removed.

You are obligated to program the screen displays on each product integrated with VizSeek to prominently state that it is "powered by VizSeek".

Your Content belongs to you. You can use our services to invite others to search or download your content, so think carefully about who you invite and what you share.

Subject to the exceptions, licenses and other provisions of these Terms of Use, as between us, you own Your Content.

You hereby grant a perpetual, non-exclusive, worldwide, royalty free, fully paid, transferable license to the other users with whom you share Your Content through invitations to the Services, email or other Services, to use, copy, display, perform, modify, distribute and make derivative works of Your Content (not including your trademarks or service marks) for their own internal informational and business purposes, subject to any written agreements that you and such users may work out without Imaginestics’ involvement.

You also hereby grant a perpetual, non-exclusive, worldwide, royalty free, fully paid, transferable license to Imaginestics and its agents who perform services on Imaginestics’ behalf to use, copy, display, perform, modify, distribute, aggregate, index, search analyze and make derivative works of Your Content in order to provide the website and Services to you and to other Users.

You are solely responsible for ensuring that, and you hereby represent and warrant that: (i) you are entitled and have all rights necessary to submit Your Content to or through the website without violating any contractual obligations to which you are bound or misappropriating any third party’s trade secrets; (ii) Your Content is not provided in violation of, and its use will not violate, any Intellectual Property rights or rights of publicity or privacy of another person or entity; (iii)You shall be solely liable for any damages resulting from any infringement Intellectual Property rights, or any other harm resulting from your uploading, posting or submission of Your Content to these Services or through our mobile applications.

Compliance with export control laws is required.

Your use of these Services, including our software and website and mobile apps, 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 U.S. origin products, including services or software.

If you subscribe to VizSeek Basic or VizSeek Premium, you agree to be responsible for the payment.

If you purchase any services that we offer for a fee, including, without limitation, VizSeek web search, either on a one-time or subscription basis ("Fee-Incurring Services"), you agree to Imaginestics storing your payment card information. You also agree to pay the applicable fees for the Fee-Incurring 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 that your subscription to the Fee-Incurring Services expires (or is terminated by us as set forth herein).

Unless otherwise agreed by Imaginestics in writing, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge that VizSeek Basic, VizSeek Premium and any other Fee-Incurring Services are subject to this Agreement and any additional terms and conditions we provide you related to the Fee-Incurring Service.

All subscription fees for your Plan are billed in advance of each billing cycle.

If you desire to upgrade your Plan level prior to the end of your subscription period, you may do so at any time. If you are billed monthly, you shall be billed the new price of the upgraded plan at the next billing cycle. If you are billed annually, you will immediately be billed for the new price of the upgraded plan prorated for the time remaining in your subscription period.

If you desire to downgrade your Plan level prior to the end of your subscription period, you may do so at any time. The downgraded plan will take effect in your next billing cycle. If you are billed monthly or annually, you shall be billed at the new price of the downgraded plan at the next billing cycle.

Any questions involving upgrades or downgrades or termination to your Plan can be directed to support@vizseek.com.

We have a free tier available to give you access to the service on a trial basis.

Subscriptions to the Service may begin with a free trial tier with which you can try out the Service by uploading files to your account up to a certain number of files (“Free Trial Tier”).

While you are not required to enter your billing information in order to sign up for the Free Trial Tier, you may provide such information at any point. If you do so, you will not be charged until you have exceeded Free Trial Tier and you have elected a Plan. If you have not provided billing information by the time you exceed the Free Trial Tier and elect a Plan, you will lose all access to the Service. There will be a seven (7) day grace period during which you may continue to use the account. You will have the option to enter billing information and make subscription during this grace period, failing which your account will be suspended at the end of the grace period.

You may cancel your trial at any time while you use the Free Trial Tier by contacting support@vizseek.com. Upon cancellation of your account, you will immediately lose all access to the Service and any data or information stored within your account. Imaginestics reserves the right to modify, cancel and/or limit the Free Trial Tier without notice at any time.

We may make changes to the fees.

We may change the fees for the Service at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if you upgrade or downgrade to a new Plan you will be charged at the then-current rate for such Plan, as provided at Imaginestics’ website.

Let us know if you have any questions about this 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.

We’ll get in touch with you via email, and we’ll use the email address that you provide to us on your account.

For purposes of service messages and notices about the Services to you, notice shall consist of an email from Imaginestics 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 VizSeek account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your VizSeek account or services associated with these Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

We may provide mobile apps that use VizSeek web search, and VizSeek Basic, or VizSeek Premium and its information. If you use those apps, you need to be aware of and compliant with the charges and data usage of your mobile carrier.

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 data from these Services 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 account information on these Services 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 these Services through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and any additional terms for these services for your specific mobile devices.

By using any downloadable application to enable your use of the Services, you are also explicitly confirming your acceptance of the terms of any end user license agreement or terms and conditions associated with the application provided at download or installation, or as may be updated from time to time.

Our service and pricing offerings may change, and we will make every effort to let you know about those changes.

From time to time, Imaginestics may update, improve and expand the Services. As a result, we allow you to access them as they 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 the website, any mobile apps, or any of the Services, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion, except that in the event that we discontinue a Fee-Incurring Service before the end of the current applicable billing cycle, we will provide you a pro-rata refund of any fees that you have already paid for the unused term of the Fee-Incurring Service, as we determine appropriate, subject to any upgrades or downgrades you choose as described above. However, there will be no refund for any cancellation or termination by you for convenience or for our termination due to your breach of these Terms.

All of these changes shall be effective upon their posting on our website or by direct communication to you, in our discretion unless otherwise noted. Imaginestics further reserves the right to withhold, remove and or discard any content available as part of your account, including, without limitation, Your Content, with or without notice if deemed by Imaginestics to be contrary to this Agreement. For avoidance of doubt, Imaginestics has no obligation to store, maintain or provide you a copy of any Content, including, without limitation, Your Content.

Moreover, if we modify a Fee-Incurring Service and you find that any such modifications adversely affects you, you may, within seven (7) days of the modification, notify Imaginestics, explain the adverse impact and request a termination of your Fee-Incurring Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Fee-Incurring Service subscription for a period of time equal to the interruption and/or refund a portion of your Fee-Incurring Service subscription fee equal to the remaining unused term of the Fee-Incurring Service subscription, as we determine appropriate.

We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages and the nature or size of any index.

Services are provided “as-is” and “as available”

IMAGINESTICS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE, ANY MOBILE APP, THE SERVICES OR ANY CONTENT, 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 ANY OF THE FOREGOING AND , ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BYTHEM. IMAGINESTICS DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY 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 OR THE SERVICES 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 ANY MOBILE APP 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.

Limited 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 OR THROUGH THE SERVICES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND INFORMATION PROVIDERS (COLLECTIVELY, "IMAGINESTICS PARTIES") BE LIABLE FOR ANY 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, , EVEN IF A IMAGINESTICS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEBSITE OR SERVICES 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 AND AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, THE SERVICES, ANY APPS, CONTENT OR YOUR CONTENT EXCEED THE AMOUNT PAID BY YOU TO IMAGINESTICS, IF ANY, FOR ACCESSING AND USING THE SERVICES PROVIDED TO YOU ON IT DURING THE THREE MONTHS BEFORE THE APPLICABLE CAUSE OF ACTION ACCRUED.

You acknowledge that the disclaimers, limitations and exclusions of liability represent a fair and reasonable allocation of the risks and benefits of this agreement between you and Imaginestics, taking all relevant factors into consideration, including but not limited to the value of the consideration provided by you to Imaginestics and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by the applicable laws.

Services downtime

Imaginestics will make commercially reasonable efforts to make the online Fee-Incuring Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We shall give at least 8 hours electronic notice and which We shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Eastern time), and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, Non-Imaginestics Application, or denial of service attack (items (i) and (ii) are collectively “Excluded Downtime”).

If you are subscribed to the Basic or Premium plan and experience Services downtime other than Excluded Downtime exceeding 60 hours in any subscription month, that month’s subscription fee will be credited to a future month. The foregoing shall be your sole remedy and Imaginestics LLC’s sole liability for any downtime.

Copyright © 2016 Imaginestics, LLC. All rights reserved. No materials contained on these Services may be published, broadcast, or otherwise distributed without the prior written permission of Imaginestics, LLC. Any reproduction permitted under the Terms Agreement must contain notice of Imaginestics, LLC's copyright as follows: "Copyright © 2016 Imaginestics, LLC. All rights reserved."

VizSeek, VizSpace, 3DSeek, vAdvise, vCompare, vConfig, VizAds, vOpps, vChallenge, vStitch, America's VOICe and Imaginestics, and/or any other names of products or services provided by Imaginestics, LLC referenced herein or on these Services 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 compilation of data, visual images and product categorizations contained on these Services contain elements protected by trade dress, copyright, and/or other laws, and may not be copied or retransmitted in whole or in part except as expressly set forth in these Terms.

Except with respect to Fee-Incurring Services to which you are obligated for the applicable agreed-upon term, you may terminate these Terms at any time by destroying all materials obtained from these Services and all related documentation and all copies and installments thereof whether made under the terms of these Terms or otherwise and ceasing the use of the website and all services thereon. Without limiting any other remedies it may have hereunder, at law or in equity, Imaginestics may, at its sole discretion, terminate this Agreement or suspend your account immediately without notice if, in its sole discretion, you (a) fail to comply with any term or provision of these Terms or do not pay any fees when due for your use of any Fee-Incurring Services, or your representations and warranties herein are inaccurate; or (b) are an infringer of any third party's rights; or (c) engage in conduct that is illegal, tortious or that interferes with the technological operation of these Services; or (d) have an extended period of inactivity, as determined by Imaginestics in its sole discretion. Upon termination, you must immediately cease all use of these Services.

You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless the Imaginestics Parties (as defined below) 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 these Services or Your Content under your password by any person, whether or not authorized by you, or any other violation of these Terms by you or the inaccuracy of any of your representations and warranties herein. 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.

The website and Services are controlled and operated by IMAGINESTICS from its offices in Indiana, United States of America. IMAGINESTICS makes no representation that materials on these Services are appropriate or available for use in other locations. Those who choose to access these Services 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 these Services these Services are further subject to United States export controls, and you agree to comply with them.

Headings in bold used herein are for reference purposes only and neither limit nor amplify the terms and conditions herein. Except as otherwise expressly set forth herein regarding Fee-Incurring Services, these Terms and the Privacy Policy and any additional terms and conditions of any Fee-Incurring Services to which you subscribe, which are hereby incorporated by reference, constitute the entire agreement between the parties relating to the subject matter herein. We reserve the right to modify these Terms from time to time without notice. No attempted amendment by you will be effective unless set forth in a writing executed by Imaginestics. Please review these Terms from time to time so that you will be apprised of any changes. These Terms 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 in the federal or state courts located in Lafayette, Indiana, United States of America. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Latest update: April 12, 2016