Terms of Use

This Terms of Use Agreement (the “Agreement”) constitutes a binding legal contract between you and Viewzi, Inc., a Delaware corporation (“Viewzi”), the owner and operator of the website which can be found at http://www.viewzi.com and other affiliated websites now or hereafter owned and operated by Viewzi and its affiliates (the “Site”). Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time.

This Agreement must be completed, understood and agreed to by a person over 18. If you are under 18, you may access this site and/or purchase services only with the involvement of a parent or guardian.

Viewzi takes the issue of privacy on the Internet very seriously. To view our Privacy Policy, click here.

The following links are made available to help you find what you are looking for in our Terms of Use:

 

General Conditions of Use

Viewzi hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to continue to use the Site. Your use of the Site is at the sole discretion of Viewzi, which may deny you further use of the Site at any time, for any reason, with or without cause.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

  • Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;
  • Impersonate any person or entity, including, but not limited to, an Viewzi official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
  • Upload, post, e-mail, or otherwise transmit any content that involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing or “spamming”;
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
  • Solicit passwords or personal identifying information from other users for commercial, unauthorized or unlawful purposes;
  • Do any other act which is otherwise inappropriate for the Site, in Viewzi’s sole judgment.

Access and Interference

Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Viewzi is strictly prohibited.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Viewzi.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Viewzi or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Viewzi’s name or trademarks without the express written consent of Viewzi.

You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Agreement or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

Registration and Passwords

Registering with the Site provides you many benefits. When you register with our Site, we will remember your information for future use. This makes your experience on our Site easier and more convenient.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. Accordingly, you agree that you will be solely responsible to Viewzi for all activities that occur under your account.

To change your password or any other personal information you have previously provided to Viewzi, click on “LOGIN,” sign in to the Site, then choose “Edit Profile.”

In consideration of your use of the Site as a registered user, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form, and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Viewzi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Viewzi has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Please refer to the Privacy Policy [FIX Hyperlink to Privacy Policy] to learn about what information Viewzi collects and why.

Changing/Modifying Your Account

We make it easy for you to update your registration profile, information in your personal address book, your site password, and other similar items. We have the following options for changing and modifying information about your account.

  • You can edit your account information by navigating to “EDIT PROFILE” and choosing “Update Account”

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

  • Viewzi grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and solely to the extent required to be permitted under law); sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in or other intellectual property included on the Site.
  • Viewzi, the Viewzi logo, Viewzi.com, the Viewzi.com logo, and other trademarks, service marks, logos, product names and service names (collectively, the “Marks”) are owned or licensed by Viewzi, Inc. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Viewzi.
  • You may not utilize the Site design or layout. Page headers, custom graphics, button icons, scripts and other elements of the Site are service marks, trademarks, and/or trade dress of Viewzi may not be copied, imitated, or used, in whole or in part, without the prior written permission of Viewzi.
  • The entire Site, and all object code and source code associated therewith, are copyright 2006- 2008 Viewzi, Inc. All rights reserved. The arrangement and compilation of all content on this Site are the exclusive property of Viewzi and are protected by U.S. and international copyright laws. All software used on this Site is the property of Viewzi or its software licensors and is protected by United States and international copyright laws.
  • In connection with the use of the Site, you may be permitted to create “Views” including through the use of Viewzi’s View API’s. Any View, including all related shells, templates and colors, that you create and submit to the Site will become the property of Viewzi and Viewzi may use, or not use, such View in its sole discretion. No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written consent of Viewzi.

Third Party Content

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. You should be aware that Content presented to you through the use of the Site, including but not limited to advertisements in the Site and sponsored Content within the Site may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Viewzi (or by other persons or companies on their behalf).

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Viewzi or by the owners of that Content, in a separate agreement. You agree that you are solely responsible for (and that Viewzi has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Viewzi may suffer) by doing so.

Viewzi reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from use on the Site. You understand that by using the Site you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site at your own risk. There are commercially available services and software to limit access to material that you may find objectionable.

Third Party Copyrights

Viewzi respects the intellectual property of authors and creators of music, visual images and other third party copyrighted materials and we ask our customers to do the same.

A copyright exists in nearly all images, musical performances and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. Viewzi and its customers are each subject to the copyright laws.

If you submit material for posting on our Site, including any Views, you represent and warrant that you possess all necessary rights to use the content that you submit to Viewzi and that use of such content does not violate third party rights (including copyright rights and rights of privacy). You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. By submitting content, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that Viewzi deems appropriate, in our sole and exclusive discretion.

If you have any questions, you should consult a lawyer who specializes in copyright law.

Links to Other Sites; Framing this Site

The Site may contain links to third party websites. Such third party websites are not under the control of Viewzi. Please note that Viewzi is not responsible for the accuracy or content of websites of other providers, even if a link has been provided from this Site. Accordingly, Viewzi can neither make a representation concerning the content of these sites nor can the fact that Viewzi has provided this link serve as an endorsement by Viewzi any other website. In creating hypertext links to any other website, Viewzi is not recommending that website or giving any assurances as to its standing. Viewzi is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Additionally, Viewzi has no control over links included in the information that our other users make publicly available. Viewzi makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites, the links included by users of our Site, or the content of other websites. If you decide to access linked third party websites, you do so at your own risk.

You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent.

Comments and Submissions

Viewzi appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit directly to us (collectively, “Your Comments”). Viewzi is not obligated to keep Your Comments confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of Viewzi upon receipt, which means that Viewzi shall own all right, title and interest in and to Your Comments.

Users of the Site may make submissions to our Site in relation to certain contests that we may offer and are able to make certain comments, reviews, submissions and messages that are publicly-accessible on the Site (collectively, “Public Postings”). When you submit Public Postings, you grant Viewzi, and all others who access the Public Postings, the worldwide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Public Postings (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed. Viewzi shall have the right to use Public Postings, including without limitations, photos, video productions or other multimedia contributions you submit to us or post on the Site in marketing materials, advertising or in any other manner.

Viewzi has no obligation to monitor postings, however, you acknowledge that Viewzi has the right (but not the obligation) in their sole discretion to refuse, delete or move any Public Posting that is made on the Site. In particular, but without limitation, Viewzi shall have the right to remove any Public Posting that violates this Agreement, applicable law, or is otherwise objectionable as determined by Viewzi in its sole discretion.

You understand that if you include your email address in any Public Posting to the Site, that you may receive unsolicited emails for which Viewzi bears no responsibility.

Indemnification

You agree to defend, indemnify, and hold completely harmless Viewzi and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of Viewzi, arising from or related to your use of the Site, the materials it contains, and any sites linked to this Site. You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIEWZI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, VIEWZI’S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS;
  • VIEWZI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS; AND
  • VIEWZI IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. VIEWZI MAKES NO WARRANTY THAT:
    • YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
    • THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIEWZI OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY. VIEWZI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitations and Exclusions of Liability

IN NO EVENT SHALL VIEWZI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIEWZI SHALL NOT BE LIABLE FOR ANY DIRECT, 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 VIEWZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
  • ANY OTHER MATTER RELATING TO THE SITE.

VIEWZI SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, VIEWZI’S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST VIEWZI ARISING OUT OF THE USE OF THE SITE.

Modification

Because of the dynamic nature of the Internet environment, Viewzi may update, revise, supplement, modify or amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.

Entire Agreement; Interpretation

This Agreement constitutes the entire agreement between you and Viewzi with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import. The terms herein as they relate to any services made available on the Site are supplemented by our Privacy Policy. To view this policy, click here[FIX Hyperlink to Privacy Policy].

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Governing Law and Venue

This Agreement, the entire relationship between you and Viewzi, and any litigation or other legal proceeding between you and Viewzi (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.

This contract is fully performable in Dallas, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Term; Termination

This Agreement will remain in full force and effect while you use the Site. Viewzi may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Waiver

The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review our Privacy Policy.

Contact Information

If you have a comment, question or request, or if you need to contact Viewzi for any other reason, please click here.

Last Modified: 02/08

Mailing Address

Viewzi, Inc.
2301 North Greenville Avenue,
Suite 270
Richardson, TX, 75082 USA

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