Last Updated: May 15, 2018
Vizbii Technologies, Inc. (“Vizbii”) provides these Terms of Service (“Terms”) to govern each user’s access to and use of Vizbii’s services, including various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the “Vizbii Services”); Vizbii’s other covered services that link to these Terms (collectively, the “Services”); and any and all information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with all of these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any and all Content you post to the Services, and for any and all consequences thereof. Most Content you submit, post, or display through the Vizbii Services is public by default and will be able to be viewed by other users and through third party services and websites.
You may use the Services only if you have the legal capacity to form a binding contract with Vizbii and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. If you accept these Terms and use the Services on behalf of any company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so, and Vizbii may rely upon such representation. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services continually evolve, and the form and nature of the Services may change from time to time without prior notice to you. Vizbii may permanently or temporarily stop providing the Services (or any features within the Services) to you or to users generally, and Vizbii may not be able to provide you with any prior notice. Vizbii also retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you or other users.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Vizbii on the Services are subject to change. In consideration for Vizbii granting you access to and use of the Services, you agree that Vizbii and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are solely responsible to safeguard password that you use to access the Services and for any activities or actions under your password. You should use strong passwords combining upper and lower case letters, numbers and symbols. Vizbii will not be liable for any loss or damage arising from your failure to comply with the above.
3. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person originating such Content. Vizbii may not monitor or control the Content posted via the Services and cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Vizbii does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Your use of the Services may expose you to Content that might be considered offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Vizbii be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
4. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Vizbii a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Vizbii to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Vizbii for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Vizbii, or other companies, organizations or individuals who partner with Vizbii, may be made with no compensation paid to you for the Content that you submit, post, transmit or otherwise make available through the Services. Vizbii may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are solely responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Vizbii’s third party partners. Your Content may be syndicated, broadcast, distributed, or published by our partners, and if you do not have the right to submit Content for such use, it may subject you to liability. Vizbii will not be responsible or liable for any use of your Content by Vizbii in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
5. Your License To Use the Services
Vizbii gives you a personal, worldwide, royaltyfree, nonassignable and non-exclusive license to use the software that is provided to you by Vizbii as part of the Services. This license is solely to enable you to use and enjoy the benefit of the Services as provided by Vizbii, in the manner permitted by these Terms.
6. Vizbii’s Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Vizbii and its licensors, if any. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Vizbii name or any of the Vizbii trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Vizbii, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Restrictions on Content and Use of the Services
The Vizbii Rules (which are part of these Terms) outline what is prohibited on the Vizbii Services. Vizbii reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. Vizbii also reserves all rights to access, read, preserve, and disclose any information as Vizbii reasonably believes is necessary to:
- (i) satisfy any applicable law, regulation, legal process or governmental request,
- (ii) enforce these Terms, including investigation of potential violations hereof,
- (iii) detect, prevent, or otherwise address fraud, security or technical issues,
- (iv) respond to user support requests, or
- (v) protect the rights, property or safety of Vizbii, its users and the public.
If you use any commerce features of the Vizbii Services that require credit or debit card information you agree to our Vizbii Commerce Terms.
You may not do any of the following while accessing or using the Services:
- (i) access, tamper with, or use non-public areas of the Services, Vizbii’s computer systems, or the technical delivery systems of Vizbii’s providers;
- (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Vizbii (and only pursuant to the applicable terms and conditions unless you have been specifically allowed to do so in a separate agreement with Vizbii (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Vizbii is expressly prohibited);
- (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
- (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mailbombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Vizbii respects the intellectual property rights of others and expects users of the Services to do the same. Vizbii shall respond to notices of alleged copyright infringement that comply with applicable laws and which are properly provided to Vizbii. If you believe that your Content is the subject of copyright infringement, please provide Vizbii with the following information:
- (i) a physical or electronic signature of the copyright owner (or a person authorized to act on their behalf);
- (ii) identification of the copyrighted work claimed to have been infringed;
- (iii) identification of the alleged infringing material and information reasonably sufficient to permit Vizbii to locate the alleged infringing material;
- (iv) your contact information, including your address, telephone number, and email address;
- (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Vizbii reserves the right to remove the alleged infringing Content without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Vizbii will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Vizbii Technologies, Inc.
Attn: Eric T. Johnson, Attorney
4390 Earney Road Suite 230
Woodstock, Georgia 30188
The Terms will continue to apply until terminated by either you or Vizbii. You may end your legal agreement with Vizbii at any time for any or no reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform Vizbii when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
Vizbii may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:
- (i) you have violated these Terms or any other applicable rules set by Vizbii; or
- (ii) you create risk or possible legal exposure for Vizbii; or
- (iii) Vizbii’s provision of the Services to you is no longer commercially viable.
Vizbii will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections (and each subsection therein) shall survive such termination: 3, 4, 6, 7, 8, 10, and 11.
Nothing in this section shall affect Vizbii’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
10. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Vizbii and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Vizbii Entities”). Each subsection below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE VIZBII ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Vizbii Entities make no warranty or representation and disclaim all responsibility and liability for:
- (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
- (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
- (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
- (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from the Vizbii Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Vizbii Entities are not responsible or liable for:
- (i) the availability or accuracy of such websites or resources; or
- (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by the Vizbii Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIZBII ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VIZBIi ENTITIES EXCEED THE AMOUNT YOU PAID VIZBII, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Vizbii ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. General Terms
A. Waiver and Severability
The failure of Vizbii to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held by a tribunal of appropriate jurisdiction to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of South Carolina without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Charleston County, South Carolina, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of South Carolina (excluding choice of law).
C. Entire Agreement
Vizbii may revise these Terms from time to time, which revised version(s) shall be binding on you and Vizbii. Such revisions shall be posted by Vizbii when made.