VisibleGains Terms of Service
Last Modified: February 4, 2013
Thank you for using the products provided by VisibleGains. These terms of service (the "Terms") govern your access to and use of VisibleGains, Inc. ("we" or "our") websites and services (the "Services"), including our Postwire service, so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with VisibleGains and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Materials & Your Privacy
By using our Services you provide us with information, videos, images, files, and folders that you submit to VisibleGains (the "Materials"). You retain full ownership to the Materials. We don't claim any ownership to any of it. These Terms do not grant us any rights to the Materials or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with the Materials, for example, hosting your files, or sharing them at your direction. You give us the permissions we need to do those things solely to provide the Services.
Except as provided in our Privacy Policy and in our Business Associate Terms, we won't share your content or Personal Health Information with others, unless you direct us to. Our collection and use of your information is also explained in our Privacy Policy and our Business Associate Terms. We protect your Personal Health Information in compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations and as set forth in our Business Associate Terms. By agreeing to these Terms, you agree to the terms and conditions of our Privacy Policy and, to the extent that you share Personal Health Information with us, you agree to the terms and conditions of our Business Associate Terms.
You are solely responsible for your conduct, the content of your Materials, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
VisibleGains has no obligation to monitor you communications through the Services or Materials your post to the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, communications, or any other information you may be able to access or distribute using the Services.
Sharing The Materials
The Services provide features that allow you to share the Materials with others. There are many things that recipients of your Materials may do with the Material (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share. VisibleGains has no responsibility for that activity.
Your Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not VisibleGains, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not VisibleGains, are responsible for maintaining and protecting all of the Materials. VisibleGains will not be liable for any loss or corruption of the Materials, or for any costs or expenses associated with backing up or restoring any of the Materials.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
Account Security
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify VisibleGains of any unauthorized use of your account. You acknowledge that the signup and registration portions of the Service use a secure encrypted connection.
Software and Updates
If you choose, some uses of our Services may require the download of software ("Software"). VisibleGains hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
VisibleGains Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the VisibleGains trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the VisibleGains Acceptable Use Policy. By agreeing to these Terms, you agree to comply with the Acceptable Use Policy.
Copyright
VisibleGains respects others' intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Copyright Agent
VisibleGains, Inc.
1601 Trapelo Road
Suite 194
Waltham MA, 02451
copyright@visiblegains.com
Other Content
The Services may contain links to third-party websites or resources. VisibleGains does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Payment
The Service is available on a free or a paid basis. If you elect to use the Service on a paid basis, your credit card will be charged the fees set forth on the website for the Service or otherwise agreed by us . We will charge your credit card the same day you initially signed up for the Service in each successive month. Each party shall be responsible for and pay any and all applicable federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) resulting from its performance under these Terms.
Termination
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If you pay for the Services, you will not receive any refund if you or we terminate your use. If you terminate your paid Services prior to the end of the then current month of your use of the Services, we will not charge you for the next month and you will not have access to the paid Services at any time commencing after the then paid month.
NO WARRANTY
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VisibleGains will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VISIBLEGAINS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT VISIBLEGAINS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO VISIBLEGAINS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply.
Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY MASSACHUSETTS LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF MIDDLESEX COUNTY, MASSACHUSETTS, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and VisibleGains with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms apply to and are incorporated into each of the Privacy Policy, the Business Associate Terms and the Acceptable Use Policy. These Terms create no third party beneficiary rights. VisibleGains' 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 Agreement 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 in these Terms, and any such attempt is void, but VisibleGains may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. VisibleGains and you are not legal partners or agents; instead, our relationship is that of independent contractors.
