Effective date: December 1, 2011
THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE VISIAR'S DUUDLE SERVICES, SOFTWARE AND WEBSITE (THE "SERVICE"), AND ANY INFORMATION, TEXT, GRAPHICS, PHOTOS, DRAWING OR OTHER MATERIALS CREATED, INPUT, UPLOADED, DOWNLOADED OR APPEARING ON THE SERVICE (COLLECTIVELY REFERRED TO AS "CONTENT"). YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS.
1. General Terms. You are responsible for your use of the Service, for any Content you input or create on the Service, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites as well as the public. You should only provide Content that you are comfortable sharing with others under these Terms. Anything you input or create will be made available instantly without and kind of limitation or restriction.
The Service that VISIARC provides is always evolving and the form and nature of the Service that VISIARC provides may change from time to time without prior notice to you. In addition, VISIARC may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. VISIARC also retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by VISIARC on the Service are subject to change. In consideration for VISIARC granting you access to and use of the Service, you agree that VISIARC and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
3. Content on the Service. All Content originated from the users. VISIARC may not monitor or control such Content made available via the Service and, VISIARC cannot take responsibility for such Content. Any use or exposure to any Content or materials accessed via the Service or obtained by you through the Service is at your own risk.
VISIARC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. The Service is a not per se intended to be a bulletin board to create and share drawings, opinions etc or the like, but its format allows and user to create any kind of Content they please. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will VISIARC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. The Service includes features to report cheating, offensive and or other inappropriate Content, and such Content may from time to time be removed by VISIARC at its sole discretion.
4. Your Rights. You retain your rights to any Content you input, create, generate, submit, post or display on or through the Service. By creating, submitting, generating, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for VISIARC to make such Content available to other companies, organizations or individuals who partner with VISIARC for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by VISIARC, or other companies, organizations or individuals who partner with VISIARC, may be made with no compensation paid to you with respect to the Content that you create, submit, generate, post, transmit or otherwise make available through the Service.
VISIARC may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Service, for any Content you create or provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. VISIARC will not be responsible or liable for any use of your Content by VISIARC in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
VISIARC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by VISIARC as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by VISIARC, in the manner permitted by these Terms.
5. VISIARC Rights. All right, title, and interest in and to the Service (including Content generated by users using the Service) are and will remain the exclusive property of VISIARC and its licensors. The Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the VISIARC or Duudle name or any of the VISIARC or Duudle trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding VISIARC, or the Service is entirely voluntary and VISIARC will be free to use such feedback, comments or suggestions as VISIARC see fit and without any obligation to you.
6. Restrictions on Content and Use of the Service. VISIARC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. Please review the VISIARC's Duudle Rules (which are part of these Terms) to better understand what is prohibited on the Service. VISIARC also reserves the right to access, read, preserve, and disclose any information as VISIARC reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of VISIARC, its users and the public.
Except as permitted through the Service (or these Terms), you have to use the APIs provided by VISIARC if you want to embed, distribute, publicly display, or otherwise use the Content or Service. VISIARC encourages and permits broad sharing of Content for anyone, including users and third-parties.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, VISIARC's computer systems, or the technical delivery systems of VISIARC's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by VISIARC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with VISIARC (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of VISIARC is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
7. Links and Embedded Content. Any user is free to link to any Content created by any of the Duudle users and all Content is publicly available. The Content may also appear or be embedded on third-party websites or resources. You acknowledge and agree that VISIARC cannot control where such content appear and are not responsible or liable for. Links to or use of such embedded Content on third-party websites or resources do not imply any endorsement by VISIARC of such websites or resources or the content, products, or services available on such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
8. Disclaimer of Warranty. The SERVICE (INCLUDING ALL SOFTWARE) IS PROVIDED "AS IS", without warranty of any kind. VISIARC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. VISIARC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND ANY DATA ACCESSED THEREFROM OR TRANSMITTED THEREBY, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SOFTWARE AND ANY DATA ACCESSED THEREFROM OR TRANSMITTED THEREBY, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VISIARC OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limitation of Liability. IN NO EVENT WILL VISIARC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT VISIARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, VISIARC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS OF THE FEES THAT YOU PAID FOR THE SOFTWARE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability. IN NO EVENT WILL VISIARC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT VISIARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, VISIARC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS OF THE FEES THAT YOU PAID FOR THE SOFTWARE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
12. General. The laws of Sweden govern these Terms. All disputes arising out of these Terms shall be subject to the sole and exclusive jurisdiction of courts in Stockholm, Sweden. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without VISIARC's prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notice or other communications to be given under this Agreement will be in writing and given either (a) by VISIARC via email (in each case to the address that you provide), or (b) posting on the VISIARC website located at http://visiarc.com. The date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and VISIARC have executed a separate agreement.
13. Contact Information. If you have any questions regarding this Agreement, you may contact VISIARC at or find contact information on http://visiarc.com.