Visual Domains provides software for web browsing (the "Software"), through the Visual Domains website located www.visualdomains.com (the "Site"). For purposes of these Terms of Service (the "Terms"), "Visual Domains" shall include [Visual Domains LTD], and its divisions, subsidiaries, successors, parent companies, if any, and their employees, partners, principals, agents and representatives, and any blogs, forums, sources of information or data available on the Site.
Please read the Terms carefully. These Terms govern your access to and use of the Site, including any services, products, information or data made available through the Site or any blogs or forums available on the Site (collectively, "Services"). This is a legal agreement between you and Visual Domains. Prior to downloading the Software, you must indicate your consent to Visual Domains End User License Agreement, available below
"Visitors" " (which means users who are only browsing the Site) to the Site or using the Services, agree to be bound by these Terms , Your use of the Site or any Service, as well as any account you may have with Visual Domains, is subject at all times to the Visual Domains Terms (whether as a Visitor or a Member, regardless of whether your access or use is intended). Issues concerning collection and use of information by Visual Domains are described in Visual Domains Privacy Policy. The Visual Domains Site is always evolving, so it is important that you periodically check here, as well as the specific rules for any Services in which you choose to participate, for updates. If we revise the Terms, such revision will take effect immediately upon being posted on the Site. By accessing the Site or taking part in any Services, you agree to review the Terms periodically to become aware of such revisions. If you do not agree to any of the Terms stated herein you should discontinue using the Site or participating in any Services. Visual Domains reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and any Services without notice. Visual Domains may also impose limits on certain features or restrict your access to the Site or parts of the Site in its sole discretion and without notice.
Limited License
Visual Domains grants you a limited license to access and use the Site and Services subject to the terms and conditions of these Terms for your personal use only. This license does not allow you to make any commercial use or any derivative use of the Site or the Services (including any of its individual elements or Content (as defined below). You acknowledge that Visual Domains may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this Agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Visual Domains.
Intellectual Property & Content
Visual Domains owns the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Visual Domains hereby grants you a limited, revocable, nonsublicensable license to use the Services solely for your personal use. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services.
Certain types of content may be made available through the Site. "Content" as used in these Terms means, collectively, all content on or made available through the Site and the Services, including but not limited to information on any articles, other written material, blogs or forums available on the Site. Visual Domains reserves the rights to remove and permanently delete any Content from the Site without notice.
The Site may contain articles, written materials, blogs, or forums to which Visual Domains may allow you, in its sole discretion, to post Content. By submitting or posting such Content, you grant Visual Domains and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Site or Services in any media formats and through any media channels, including without limitation, for commercially promoting the Site and Services.
You agree that your use of and conduct on the Site shall be lawful and any Content you post will not: (i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; (ii) include any obscene, pornographic or otherwise objectionable content or language; (iii) defame, libel, disparage, threaten, harass, intimidate or abuse anyone; (iv) promote violence; (v) violate the contractual, intellectual property or other rights of any party, or (vi) promote or constitute illegal activity.
You are fully and solely responsible for anything you submit or post to the Site, and represent and warrant that such Content complies with all applicable law and does not infringe third party intellectual property rights. Such posted or submitted Content shall not be considered confidential and may be disseminated by Visual Domains without any compensation to you. This provision shall not apply to personal information that is subject to Visual Domains' privacy policy except to the extent that you make such personal information publicly available on or through the Site or the Services. Visual Domains has no obligation to accept, display, review or maintain any Content. Visual Domains may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Visual Domains reserves the right to treat User Content as content stored at the direction of users for which Visual Domains will not exercise editorial control except when violations are directly brought to Visual Domains' attention. Visual Domains has the right to edit, delete, distort or move Content from the Site without notice for any reason at any time.
Termination of Account
If Visual Domains believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site.
Disclaimers & Disclaimer of Warranty
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Visual Domains. VISUAL DOMAINS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. VISUAL DOMAINS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT, AND SERVICES; OR (II) THAT THE SITE, CONTENT AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE, CONTENT AND SERVICES. Visual Domains is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Visual Domains takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from Visual Domains, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation Of Liability
Visual Domains 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, any Content or Services. Visual Domains is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall Visual Domains be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.
IN NO EVENT SHALL VISUAL DOMAINS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VISUAL DOMAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL VISUAL DOMAINS'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
The Site, Services or Content may provide links to third-party websites or resources. You acknowledge and agree that Visual Domains is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Visual Domains does not endorse such websites or resources or the content, products, or services on or 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.
Restrictions
You agree you will not do any of the following while using or accessing the Site or any content thereon:
1. Use the Site, Content, or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms.
2. Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content;
3. Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or the technical delivery systems of Visual Domains's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
4. Attempt to probe, scan, or test the vulnerability of any Visual Domains system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
5. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site;
6. Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Visual Domains or other generally available third-party web browsers, including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
7. Violate the Terms or any other rule or agreement applicable to you or Visual Domains through the Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service
8. Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or ??
9. Use the Site or content thereon in any manner not permitted by this Agreement.
Indemnification
You agree to defend and indemnify Visual Domains and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, , or Services; or (ii) your violation of any of these Terms.
General
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Visual Domains may assign this agreement or any rights hereunder without your consent. These Terms shall be governed by and interpreted in accordance with the laws of [Switzerland] excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in [Switzerland] and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms and the rules, restrictions, and policies contained herein, and Visual Domains's enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Visual Domains.
NOTICE TO USER:
THE TERMS BELOW ARE A BINDING AGREEMENT. BY CLICKING "I ACCEPT" BELOW OR BY DOWNLOADING, INSTALLING OR ACTIVATING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING, INSTALLING OR ACTIVATING THE SOFTWARE.
YOU UNDERSTAND THAT YOU WILL BE INSTALLING CERTAIN SOFTWARE ON YOUR COMPUTER SYSTEM, AND YOU EXPRESSLY CONSENT TO SUCH INSTALLATION ON YOUR COMPUTER.
1. Grant of License. Visual Domains, Ltd. ("Licensor") grants you a non-exclusive license to use the Visual Domains software with which this license is distributed (the "Software"), including any documentation files accompanying the Software ("Documentation") and any upgrades, modified versions or updates of the Software which may be provided to you by Licensor or any of its distributors, only in connection with the computer to which this Software was downloaded.
2. Ownership. You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this End User License Agreement (the "Agreement") remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Licensor or its licensors. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
3. Copyright. The Software and Documentation contain material that is protected by copyright law, trade secret law, and by international treaty provisions. All rights not granted to you herein are reserved to Licensor. You may not remove any proprietary notice of Licensor from any copy of the Software or Documentation. All copyright notices must be retained at all times.
4. Restrictions. You may not:
* publish, display, disclose, rent, lease, modify, copy, loan, distribute, or create derivative works based on the Software or any part thereof
* reverse engineer, decompile, translate, adapt, or disassemble the Software
* attempt to create the source code from the object code for the Software
* transmit the Software over any network or between any devices
* sublicense or permit use of the Software by more than one user
* attempt to disable or circumvent any activation protection mechanism accompanying the Software or assist third parties to do so.
5. No Warranty. THE SOFTWARE IS PROVIDED "AS-IS". LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE SOFTWARE) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE CONTINUOUS OR ERROR-FREE, THAT THE SOFTWARE WILL OPERATE AS INTENDED OR AT ALL UNDER ALL CONDITIONS, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED BY LICENSOR, THAT THE SOFTWARE WILL NOT INFRINGE A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS OR THAT ANY MODIFICATIONS TO OR ENHANCEMENTS OF THE SOFTWARE WILL BE PROVIDED BY LICENSOR.
6. Limitation of Liability. LICENSOR'S LIABILITY ARISING OUT OF THE SALE OR SUPPLYING OF THE SOFTWARE OR ITS USE OR DISPOSITION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AMOUNTS PAID TO LICENSOR BY YOU HEREUNDER DURING THE YEAR THAT THE DAMAGE OCCURED. IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES), INCLUDING ARISING OUT OF THE MANUFACTURE, SUPPLY, SALE OR USE OF THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU EXPRESSLY CONSENT TO THE INSTALLATION OF THE SOFTWARE ON YOUR COMPUTER, AND LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED AS A RESULT OF SUCH INSTALLATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Export Restrictions. You may not export the Software in violation of applicable laws and regulations.
8. Open Source Code. Certain program files with which the Software has been distributed ("Mozilla Content") may be licensed to you pursuant to the Mozilla Public License Version 1.1, as identified per required notices. The Mozilla Content is governed by the terms of the Mozilla Public License Version 1.1, and the terms and conditions of this Agreement do not apply to the Mozilla Content. The defined term "Software" herein does not include the Mozilla Content.
9. Termination. Licensor may terminate this Agreement at any time if you violate its terms. Upon termination, you must immediately destroy or return to Licensor the Software and Documentation. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement.
10. General. This Agreement shall be construed, interpreted and governed by the laws of the State of New York without regard to conflicts of law provisions thereof. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties. Any other agreement between the parties must be in writing and signed by an authorized Visual Domains Ltd. representative.