Effective Date: February 27, 2017
USE OF THE SITE
The Site and the Content are the property of The Visory or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content in whole or in part for any public or commercial purpose without the specific written permission of The Visory. The Visory hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services available on the Site solely for personal, internal and non-commercial purposes. Except as otherwise provided herein, use of the Site does not grant you a license to any Content. You hereby grant to The Visory a non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, and royalty-free license to use any content you post on the Site for any purpose. As between you and The Visory, The Visory is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site. In particular, the The Visory logos and service names are trademarks of The Visory (the “The Visory Marks”). Without The Visory’s prior permission, you agree not to display or use The Visory Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any The Visory Mark without the prior written consent of The Visory.
You may only use the Site for lawful purposes. You are responsible for your own communications and are responsible for the consequences of submitting information on or through the Site. You agree not to use the Site to collect, upload, transmit, display or distribute any content or material that The Visory determines, in its sole discretion:
- Violates any third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary rights;
- Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable;
- Is harmful to minors in any way; or
- Is in violation of any law, regulation, obligation or other similar restrictions imposed by any third party.
In addition, you agree not to:
- Transmit any computer viruses or any software intended to damage or alter a computer system or data through the Site;
- Interfere with, disrupt or create an undue burden on The Visory’s servers or networks;
- Attempt to interfere with the function of the Site, host or network, including, without limitation, via means of a virus, overloading by means of a DDoS attack, “flooding”, “mailbombing”, “crashing” or sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; or
- Sublicense, resell, rent, lease, transfer or assign any Content
Violations of the Site’s or The Visory’s systems or network security may result in civil or criminal liability.
THIRD PARTY WEBSITES
The Site may link to or integrate with other websites operated by third parties, and such other websites may link to this website. The Visory has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites or the operators of the websites. The Visory is providing these links to you only as a convenience. You release and hold The Visory harmless from any and all liability arising from your use of any third party website or service.
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” NEITHER THE VISORY NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR THE CONTENT. THE VISORY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. THE VISORY AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE AND THE CONTENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL THE VISORY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY AMOUNT IN EXCESS OF $100 OR (II) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER THE VISORY OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.