Effective: January 1, 2017
Thanks for using Vizible! These terms of service ("Terms") cover your use and access to our services, client software, server software, and websites ("Services"). If you reside outside of the United States of America, Canada and Mexico ("North America") your agreement is with WorldViz UK Limited, and if you reside in North America your agreement is with WorldViz, LLC. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.
When you use our Services, you provide us with things like your files, content, messages, contacts and so on ("Your Stuff"). Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer and provide the Services.
Our Services require us to host Your Stuff, back it up, and share it with you. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Our Services let you share Your Stuff with others, so please think carefully about what you share. You're responsible for any harm or consequences resulting from you sharing Your Stuff with others.
You're responsible for your conduct. Your Stuff and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don't share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
Some of the Services allow you to record audio, visual, and behavioral data of others during a meeting. You understand that using this recording feature may be subject to laws or regulations regarding the recording of telephone calls and other electronic communications, and that it is your responsibility to properly notify all participants in a recorded session that the session is being recorded and to comply with all other requirements of such laws and regulations. We will not be held liable for your failure to do so. Although features may exist in the Services to alert participants that a session is being recorded, such notice may not be relied upon as definitive disclosure for your compliance with applicable laws and regulations.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as WorldViz's other services, so please keep that in mind.
The Services are protected by copyright, trademark, patent, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, or WorldViz trademarks, logos, brand features, or other intellectual property. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Copyright Agent
WorldViz, LLC.
27 W Anapamu St. 101-121
Santa Barbara, CA 93101
support@worldviz.com
Billing. You can increase your storage, simultaneous users, and add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you're on an annual plan, we'll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws. If you require a perpetual plan, please contact sales@worldviz.com.
Cancellation and No Refunds. You may cancel your Paid Account at any time. However, if you cancel your Paid Account part way through a month, quarter, year, or any other subscription period, you will retain account access until the end of the billing cycle. Once your subscription terminates, your account will move to a dormant state and you will either no longer be able to access the data associated with your account, or the data associated with your account and your access to the Services will be reduced to free levels. You will not be charged again and no refunds will be given for the remaining paid-up time.
There will be no refunds or credits for partial periods of service or refunds for months unused, nor can we append "un-used time" to your account should you wish to reactivate in the future.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage and simultaneous users to free levels.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Email address. If you sign up for a Vizible account with an email address provisioned by your organization, your organization may be able to block your use of Vizible until you transition to an account you associate with a personal email address.
Organization Accounts. If you join Vizible on behalf of an organization, you must use it in compliance with your organization's terms and policies. Please note those accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Vizible account. They may also be able to restrict or terminate your access to the account. If you convert an existing personal Vizible account into an account on behalf of an organization, your administrators may prevent you from later disassociating your personal account from the organization's account.
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you're in breach of these Terms,
(b) you're using the Services in a manner that would cause a risk of harm or loss to us or other users, or
(c) you don't have a Paid Account and haven't accessed our Services for 12 consecutive months.
We'll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services.
We won't provide notice before termination where:
(a) you're in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we're prohibited from doing so by law.
We may decide to discontinue the Services in response to unforeseen circumstances beyond WorldViz's control or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export Your Stuff from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
The Services may be unavailable from time to time. We will not be liable to you for any such unavailability.
Services "AS IS"
We strive toprovide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, WORLDVIZ AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR WORLDIVZ'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES OR JURISDICTIONS WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES OR JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WORLDVIZ, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT WORLDVIZ OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, WORLDVIZ, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WORLDVIZ AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH WORLDVIZ.
You agree to defend, indemnify and hold harmless WorldViz, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against WorldViz,you agree to try to resolve the dispute informally by contacting support@worldviz.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or WorldViz may bring a formal proceeding.
Judicial forum for disputes. You and WorldViz agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts serving Santa Barbara County, California, subject to the mandatory arbitration provisions below. Both you and WorldViz consent to venue and personal jurisdiction in such courts.
YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and WorldViz agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Santa Barbara, California or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or WorldViz may assert claims, if they qualify, in small claims court in Santa Barbara, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example,trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts serving Santa Barbara County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations ("Class Actions") aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void with respect to the Class Action at issue.
These Terms are governed by California law except for its conflicts of laws principles.
These Terms, our Privacy Policy, our Acceptable Use Policy, and any written and executed Master Service Agreement between you and us, constitute the entire agreement between you and WorldViz with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
WorldViz's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. WorldViz may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with theServices.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Terms regularly so you are aware of any changes, as they are binding on you.
All requests for technical support should be directed to support@worldviz.com.