Visionati Terms of Service
Welcome to the Visionati Website (Site). The Site is intended for use only in the U.S.A. by persons 18 years of age or older. Your use of the Site is subject to these Terms of Use (TOU).
When you use the Site in any manner, you confirm your binding acceptance of these TOU. We may update these TOU at any time; the date of the most recent update is shown above. Your use of the Site after any such update confirms your binding acceptance of the changes.
REGISTRATION: Upon registration, you will receive a user name and password. You are responsible for ensuring that your password remains confidential, and you are responsible for any activities under your password or account. You agree to notify Visionati immediately if your password is compromised or your account is breached. Visionati is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account. Bots, agents, scraping, automated access, intelligent search and any similar means of access or use of the Site are strictly prohibited. Visionati may offer levels of membership with additional features for a fee, which shall be subject to additional terms.
APPROPRIATE USER CONTENT: You are responsible for anything that you post on the Site. You agree not to (1) post anyone else’s copyright or other intellectual property, trade secrets or confidential, proprietary or private information, nor any material you do not have a right to make available to others; (2) post any content that harasses, abuses, degrades or threatens other users, or that is otherwise objectionable; (3) post any content or use the Site in any manner that is unlawful, tortious, defamatory or an invasion of another’s privacy; (4) impersonate anyone else, or misrepresent your affiliation with another person or entity; (5) solicit personal or sensitive information except to serve the purposes of the Site; (6) post any material containing viruses or other code designed to interrupt or damage hardware, software or telecommunications equipment; or (7) post or send spam, mass advertisements or solicitations, chain letters or pyramid schemes. The Site is publicly accessible. Consider this before you post any private information about yourself.
LICENSE TO VISIONATI: Any content that you post or make accessible through the Site was created by you and is original to you alone, and does not require any notice, approval, consent or obligation to any third party. You grant Visionati the right and license to publicly perform and display, use, publish, reproduce, modify, distribute, translate, adapt and prepare derivative works of, in any media or format now known or later developed, any content (in whole or in part) that you may post or make available through the Site, solely for the purpose of Visionati's marketing.
REMOVAL OF USER CONTENT: Visionati has no duty to pre-screen, review or remove any content or links from the Site, but we may do so at our discretion. You understand that you may be exposed to user content that you may find objectionable. Your use of or reliance on any user content or communications on or through the Site is at your own risk. Visionati does not endorse any content nor vouch for its reliability. The content and any views expressed by others on the Site are the views of others and not necessarily of Visionati.
VIOLATION OF TOU: Violation of the TOU may result in removal of your content and/or cancelling of your account or ability to use the Site. Visionati also may remove any material that it finds objectionable or contrary to the purpose of the Site. Please report objectionable content by clicking on link to “Report to Visionati” on each page.
ACCESS TO YOUR ACCOUNT: You agree that Visionati may access, preserve and disclose your account information and any content you post or make available through the Site if required by law or if Visionati believes in good faith that such steps are reasonably necessary to (1) comply with legal process; (2) enforce these TOU; (3) respond to claims by others; (4) protect the rights, property or personal safety of Visionati, its users or the public; or (5) respond to any request for customer service.
DEALINGS WITH OTHERS: You agree that your collaborations, communications or dealings with any other site user or others found on or through the Site, are solely between you and the other party. Visionati has no responsibility for any loss or damage of any kind incurred as a result of your dealings with others or as the result of the presence of other users, advertisers or third parties on the Site. Visionati reserves the right to require users to execute supplemental user agreements addressing specific services offered through the Site.
LINKS: Visionati and users may provide links on the Site to other websites, blogs or resources. Visionati has no responsibility for the content at such links or for any loss or damage of any kind incurred as a result of your connection with external links or resources. Content posted on the Site may not be reposted or “hotlinked” on external sites, without Visionati’s written permission. Visionati may permit third party sites to promote the Site by displaying content posted on the Site, and you grant Visionati permission to permit use of any content you post on the Site in this manner.
STORAGE: The Site provides a display service. Visionati is not responsible for storing content. Do not post content, such as your artwork, that is not properly backed up or electronically stored elsewhere.
VISIONATI’S RIGHTS: All right, title, ownership and intellectual property in the Site are owned by Visionati or its licensors. You agree that the Site contains proprietary information and materials and is protected by applicable copyright, trademark and other laws. Except as authorized by Visionati in writing, you agree not to modify, rent, lease, loan, sell, distribute, provide any service or create derivative works based on the Site in whole or in part. VISIONATI is a trademark of Visionati, LLC.
DISCLAIMERS: Visionati expressly disclaims any and all warranties concerning the Site, including without limitation the warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement. The Site is provided on an “AS IS” and “AS AVAILABLE” basis, and all use is at your own risk. You are solely responsible for any damage to your computer system or telecommunications equipment that may result from your use of the Site or any features or tools on the Site, or the download of any content from the Site, or any Site outage. You are solely responsible for any damage or harm from any use of or reliance on any content, links or any materials accessed through the Site, and for any loss of content or other data posted on the Site. Visionati is not liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation any damages for lost profits, good will, data or opportunities, even if Visionati has been advised of the possibility of such damages. You acknowledge that your dealings with third parties on the Site are entirely your own responsibility, and Visionati is not responsible for such dealings or for any unauthorized access to the Site, alteration of any content, transmissions or date, or the statements or conduct of any third party. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT: Visionati may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Visionati’s Copyright Agent with a Notice containing the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Visionati’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways: Copyright Agent, Visionati, LLC, 1400 West Hubbard Street, Chicago, IL 60622 312-943-9000, or by email to: copyright@visionati.com.
GOVERNING LAW: These TOU and your relationship with Visionati is governed by the laws of the State of Illinois, U.S.A., without regard to conflicts of laws principles.
DISPUTES: Any dispute between us (except as listed below) shall be settled by binding arbitration conducted in the Chicago, Illinois, U.S.A. metropolitan area in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules (Commercial Rules) or the AAA’s Supplementary Procedures for Consumer Related Disputes (Consumer Rules). You agree that the following disputes are not subject to this binding arbitration provision: (1) disputes concerning Visionati’s trademark, copyright or other intellectual property rights; (2) disputes concerning privacy, security or unauthorized use of the Site; or (3) disputes involving a claim for injunctive relief. For any dispute not subject to arbitration, you agree to the exclusive personal jurisdiction of the state and federal courts located within Cook County, Illinois, U.S.A. You agree that no claim against Visionati shall be brought as a class action.
ENTIRE AGREEMENT: These TOU and the Privacy Policy constitute the entire agreement between Visionati and you concerning the Site, and supersede any prior agreements, oral or written, between you and Visionati.