Date last updated: November 30, 2019
These Terms of Use are made by and between TheViewPoint Media Inc. (“TheViewPoint”, “Company”, “we” or “us”) and you or the entity you are authorized to represent (“you”,”your” or “user”). The following Terms of Use, together with any documents to which these Terms of Use are referred to (“Terms of Use”) govern your access to and use of https://theviewpoint.com (the “Website”) or certain services available or offered thereon (the “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE (“PRIVACY POLICY”). THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
This Website is offered and available to users who are 18 years of age or older. The Website is not intended for users under 18 years of age. By using this Website, you represent and warrant that you (i) are 18 years of age or older, (ii) are not barred to use the Website under any applicable law, and (iii) are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
These Terms of Use may be updated by us from time to time. All amendments will be posted to the Website and will be effective when posted without any notice to you. Your continued use of the Website or Services following the posting of any amendment to the Terms of Use shall constitute your acceptance of such amendment, as they are binding on you. It is your responsibility to review the Website from time to time and to familiarize yourself with any modifications.
All information that you provide to us in connection with access and use of the Website and Services must be accurate, complete, and current. We may, without prior notice and in our sole discretion, withdraw or change the Website, stop providing the Services or materials or features of the Website, to you or to users generally; or create usage limits for the Website and Services. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability to you. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You are solely responsible for (i) maintaining the confidentiality of your account in the Website and password; (ii) making all arrangements necessary for you to have access to the Website (iii) all activities that occur under your internet connection by you or any user are aware of these Terms of Use and comply with them, (iv) to access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the manner in which your usage is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website. You may not use the Website to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Use are reserved and retained by us. The licenses granted by TheViewPoint terminate if you do not comply with these Terms of Use.
You agree that the Website, including but not limited to content, features and functionality, graphics, all information, user interface, software, text, displays, images, video and audio, and the design are owned by TheViewPoint and or/ its licensors or other providers, and is protected by applicable intellectual property and other law. We may update the content on this Website from time to time in our sole discretion. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
You are expressly prohibited from using the Website in any of the following ways or for any of the following purposes:
No illegal purpose. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws;
No tampering. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else, you will not upload or transmit viruses, worms, trojan horses, logic bombs, destructive code or other material which is malicious or technologically harmful;
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
To attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
To cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
Otherwise attempt to interfere with the proper working of the Website.
You agree to cooperate with us in causing any prohibited using of the Website immediately to cease.
The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE. WE DO NOT WARRANT THE RESULTS OF THE SERVICES OR ADDITIONAL SERVICES, THAT THE SERVICES WILL MEET YOUR BUSINESS GOALS OR OTHER REQUIREMENTS OR EXPECTATIONS (OR, IF ACHIEVED, THAT SUCH RESULTS WILL BE SUSTAINABLE), THAT THE PROVISION OF THE SERVICES OR ADDITIONAL SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, OR THAT ANY ERROR IN THE SERVICES OR ADDITIONAL SERVICES WILL BE CORRECTED.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ACKNOWLEDGE THAT THE WEBSITE AND SERVICES MAY BE INACCESSIBLE, UNAVAILABLE OR INOPERABLE FROM TIME TO TIME. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless TheViewPoint, its affiliates, licensors and service providers, and its 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 of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW THE COMPANY’S LIABILITY SHALL BE LIMITED TO ONE HUNDRED (100) US DOLLARS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
A). This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA without giving effect to any principles or conflicts of law. You submit to the exclusive jurisdiction of courts located in the State of New York, USA. Each party waives any objection it may have to such venue.
If any provision of these Terms of Use are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
B). Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, epidemic, accident, explosion, casualty, act of God, act of terrorism, lockout, strike, labor controversy or threat thereof, riot, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law (the “Force Majeure”); provided that the party relying upon this clause shall have given the other party written notice thereof promptly and, in any event, within five (5) calendar days of discovery thereof shall take all steps reasonably necessary under the circumstances to mitigate the effects of the Force Majeure upon which such notice is based and to fulfill the delayed or defaulted obligations as soon as the Force Majeure has ended.
C). All notices and other items from one party to the other hereunder will be addressed to the address set forth in these Terms of Use or to such other address as the addressee may designate in writing. Any notice shall be sent either by personal delivery or commercial overnight delivery service, or by facsimile to the facsimile number of the party to be served, or by email. Notice shall be deemed complete when: (a) for materials personally delivered or sent by facsimile, when actually received by the party to whom addressed, (b) for commercial overnight delivery service materials, when delivered to the commercial overnight delivery service, and (c) for email, at the time the email is sent.
D). These Terms of Use, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and us with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
If you have any questions, requests for technical support, comments and other communications relating to the Website and services please contact us via email at info@theviewpoint.com