Terms of use

Introduction

Welcome to Vizzitt Corp. and http://www.vizzitt.com/, the website of Vizzitt ("the Site"). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Vizzitt and its affiliates and subsidiaries (individually and collectively, "Vizzitt").

By using the Site, purchasing services or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. Vizzitt has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at Vizzitt. To better protect your rights we have provided the Vizzitt Privacy Policy to explain our privacy practices in detail.

Use of Vizzitt Platform and Materials

Vizzitt's platform and other materials, and accompanying documentation that are made available from this Site are the copyrighted work of Vizzitt.  You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and Vizzitt, the materials in or purchased through this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Vizzitt disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Vizzitt does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Vizzitt does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Vizzitt) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of Vizzitt, we include links to other web sites on the world wide web portion of the internet and that Vizzitt has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall Vizzitt be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other web site, even if Vizzitt or a Vizzitt authorized representative has been advised of the possibility of such damages. No advice or information, whether written or oral, obtained by you from Vizzitt or from or through the site shall create any warranty not expressly stated in the terms of use. In no event shall Vizzitt's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.

Web Site

Links

Vizzitt may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). Vizzitt is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of Vizzitt's community features such as Forums, Blogs, E-mail functions, etc. and when using chat, voice, video, file transfer or any other Vizzitt features ("User Materials"). You may not submit or publish through Vizzitt any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Vizzitt that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we are not able to monitor all of the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Vizzitt a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Vizzitt and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the Vizzitt Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of Vizzitt. Vizzitt shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Vizzitt will not be treated as confidential and Vizzitt shall not be liable for any disclosure of the Submissions.

Accounts and Security

Vizzitt does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each Patron will select a password ("Password") and User Name ("User Name"). You shall provide Vizzitt with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Vizzitt, in its sole discretion, deems inappropriate or offensive.

You shall notify Vizzitt of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Vizzitt's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Notification of Copyright Infringement

Vizzitt will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Vizzitt.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
  • a description of where the material that you claim is infringing is located on the Site;
  • information sufficient to permit Vizzitt to contact you, such as your physical address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

For Notice of claims of copyright infringement, Vizzitt can be reached by our contact form.

Purchases On Vizzitt.com

Our goal at Vizzitt is to make your purchasing experience easy, efficient and equitable. The following terms are designed to ensure your satisfaction and understanding of the purchase process on the Site. If you have any questions about the information below, please contact us.

*Currency
All prices are stated in U.S. Dollars.

*Order Confirmation
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our customer service department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Vizzitt will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

*Refunds and Exchanges
Before making a purchase, carefully review your selection. Vizzitt does not allow any refunds or exchanges.

*Billing Information Verification
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an order that can delay processing and delivery. In these cases, Vizzitt customer service will attempt to contact you, using the information provided at the time of purchase. If Vizzitt is unable to reach you after its initial attempt, Vizzitt may cancel your order without further notice.

*Multiple Browser Windows
When purchasing online with Vizzitt, please ensure you are placing an order using only one browser window. Using multiple browser windows could result in problems with your order.

*Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations
You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your order may be cancelled and you may be prohibited from using the Site.

*Limitation on Liability
IN NO EVENT WILL VIZZITT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF VIZZITT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Administrative Information

Jurisdictional Issues

This Site is controlled and operated by Vizzitt. Vizzitt makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold Vizzitt, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and Vizzitt agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.

Vizzitt Etiquette

Vizzitt is a community, and members of a community must respect each other as human beings. Thus, Vizzitt asks that you adhere to a standard of conduct whereby you will not engage in any unwanted and or inappropriate profane, offensive, obscene or sexual exchanges,  or to attempt to harm, threaten or be abusive to a young person in any way.

Vizzitt asks that you do not:

  • Use vulgar, profane, offensive or obscene language.
  • Post or request sexually explicit images or other offensive content, and/or material harmful to children.
  • Exploit a minor in any way.
  • Use racially, religiously or sexually offensive language.
  • Discuss illegal activity, such as how to get drugs and how to make bombs.
  • Harass, threaten, embarrass, or do anything else to another Vizzitt user that is unwanted.
  • Infringe anyone else's intellectual property rights, including but not limited to any copyright, trademark, rights of publicity, or other proprietary rights.
  • Impersonate or misrepresent Vizzitt.
  • Link to content not allowed on Vizzitt.com.
  • Try and get a Vizzitt's member's password or other account information.
  • Post or request personal or other information from a minor (any person under the age of 18).

Copyright

All content and compilation of content included on Vizzitt's website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Vizzitt Limited and is protected by United States and international copyright laws. If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contact us at: info@Vizzitt.com.

TRADEMARKS

Vizzitt, the Vizzitt Logo and any other marks indicated on our site are trademarks of Vizzitt Corp. or other related companies. Vizzitt has applied for registration of its trademarks with the United States Patent and Trademark Office.

Vizzitt's trademarks may not be used in connection with any product or service that is not Vizzitt's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vizzitt. All other trademarks not owned by Vizzitt that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vizzitt.