a. By accessing and using this website (collectively, including all content, applications, and functionality available through the vizme.com domain name, the “Website”) or accessing and using the Vizme application either embedded via another website or as a standalone application (collectively, including all content and functionality available within the Vizme application, the “Application”), you accept and agree to be bound by these terms and conditions (the “Terms of Service”). You also agree to be bound by Vizme’s Privacy Policy and any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such policies, guidelines, or rules are hereby incorporated by reference into the Terms of Service.
b. The Terms of Service may be updated by Vizme from time to time without notice to you.
a. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vizme, are responsible for all Content that you make available via Vizme.
b. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least thirteen (13) years old.
“Tokens” are special profiles that represent passions and interests of users. Each Token opens to a “Tack Board” which allows users to show how they relate to such a profile (e.g., non-profit organizations, political campaigns, bands, sports, celebrities, etc.). Vizme does not claim ownership of Content you submit or make available for inclusion on the Website via Tokens, Tack Boards or other Website functionalities. However, with respect to Content you submit or make available for inclusion on Tokens, Tack Boards and/or other publicly accessible areas of the Website, you grant Vizme the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a.W ith respect to Content you submit or make available for inclusion with Tokens/Tack Boards or other Website functionality on the Website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Website solely for the purposes of providing and promoting the specific Tokens/Tack Boards to which such Content was submitted or made available. This license exists perpetually for as long as such Content exists on the Tokens/Tack Boards or within the Website and will terminate at the time you remove or Vizme removes such Content from the Tokens/Tack Boards or from within the Website.
b. With respect to photos, graphics, audio or video, or other forms of digital content, you submit or make available for inclusion on publicly accessible areas of the Website other than Tokens/Tack Boards, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Website solely for the purpose for which such Content was submitted or made available. This license exists perpetually for as long as such Content exists on the Website or Application and will terminate at the time you remove or Vizme removes such Content from the Website or Application.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Website other than Tokens/Tack Boards, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You acknowledge and agree that Vizme may or may not pre-screen Content, but that Vizme shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, Vizme has the right to remove any Content that violates the Terms of Service or is otherwise objectionable.
Any correspondence or dealings between you and a third party found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Vizme will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings and agree to indemnify and hold Vizme harmless from any such loss or damage.
By submitting ideas or suggestions (“Contributions’) to Vizme through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Vizme is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Vizme shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any form or media worldwide; (d) Vizme may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Vizme without any obligation of Vizme to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Vizme under any circumstances for such Contributions.
“Vizme” and the “Vizme” logos and “VizMeMail” and “VizMeMail” logos are trademarks or service marks of Vizme. Without Vizme’s prior permission, you agree not to display or use any manner of Vizme’s marks. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners.
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND SITE-RELATED SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIZME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIZME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE.
Although Vizme attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Vizme so that it can be corrected.
Vizme respects the intellectual property of others, and ask that you to do the same. Vizme, in appropriate circumstances, may disable or terminate the Content or accounts of users who infringe intellectual property. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Vizme with the following information, pursuant to the Digital Millennium Copyright Act:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You can send such information to Vizme as follows: dmca (at) support.vizme.com.
a. You may terminate your account with Vizme by submitting a termination request to Vizme.
b. You agree that Vizme may, without prior notice and without cause, immediately terminate, limit access to or suspend your account with Vizme.
a. You agree that the Website shall be deemed solely based in the State of Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon, exclusive of its choice of law rules. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over Vizme, either specific or general, in jurisdictions other than Oregon.
b. These Terms of Service, together with the Privacy Policy and any other legal notices published by Vizme on the Website, constitute the entire agreement between you and Vizme with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect. Vizme disclaims any and all responsibility for content contained in any third party materials provided through links from the Website.
c. You hereby agree to indemnify, defend and hold Vizme, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Vizme reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Vizme.
d. The Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Vizme or any of its subsidiaries or affiliates of any third party resources, or their contents.
e. You acknowledge that transmission to and from the Website are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to Vizme, no confidential, fiduciary, contractually implied or other relationship is created between you and Vizme other than pursuant to these Terms of Service.
f. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vizme without restriction.