You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of VisualStager's website or VisualStager’s virtual staging services (“VisualStager Services”). VisualStager's website consists of its site located at the domain and one or more subdomains of the URL http://visualstager.com. Collectively herein, the VisualStager Services and the VisualStager website and applications will be referred to collectively as the "Site" or the “Services”.
You acknowledge and agree that, by clicking the “I Agree” or similar button or otherwise accessing or using the Services, you indicating that you have read these terms and accept and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services.
This Terms of Service Agreement was last updated on September 2, 2015. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
VisualStager Services are owned and operated by 3Discrete Inc., a Delaware Corporation with a place of business at 941 Roselma Pl., Pleasanton, CA 94566, USA. The URL visualstager.com and all its subdomains are owned and operated by 3Discrete Inc (henceforth referred to as “3Discrete” or “VisualStager”). You become a “Registered User” when you sign-up for a VisualStager account using your Name, Email address and a password and activate the account. The VisualStager Services provide Registered Users with the ability to stage, decorate or furnish a photograph ("VisualStager Staged Photograph") automatically created by VisualStager using uploaded photographs ("Image Content").
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and VisualStager is not liable to you for any temporary interruption in Services.
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify VisualStager immediately if you learn of an unauthorized use of your password.
You have the ability to prepay for credits that will be used for VisualStager Services. Prepayments are nonrefundable. Unused credits will remain in the account and cannot be refunded.
VisualStager may provide you with the ability to pay the Fees through a third party service. All payments made through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the site, including Image Content and VisualStager Staged Photographs created therefrom (collectively, "Submissions").
You agree that you will not upload, share, or otherwise distribute any Submissions — including graphics, images or other information — that:
We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please notify us. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against VisualStager arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You may not link to the Site unless you comply with these linking conditions.
You may download and or share your VisualStager Staged Photographs hosted on the Site by emailing or otherwise sharing the link associated with your VisualStager Staged Photograph.
Your right to link to the VisualStager Site is expressly conditioned upon your compliance with the following restrictions:
VisualStager's Intellectual Property Rights. VisualStager is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.
VisualStager's trademarks and/or service marks may not be used in connection with any product or service that is not provided by VisualStager, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits VisualStager.
VisualStager's software and services available on the Site are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Service.
Others' Intellectual Property Rights. VisualStager deeply respects the third party intellectual property rights that may be implicated in creating a VisualStager Staged Photograph. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating a VisualStager Staged Photograph using VisualStager's proprietary software, you will be able to use your own Image Content such as photos and have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content.
Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in a VisualStager Staged Photograph. For example, professionally-taken photographs should not be used in a VisualStager Staged Photograph unless you have received permission from the photographer to do so.
Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in a VisualStager Staged Photograph. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.
You warrant that all Image Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image as contemplated by the Site and grant VisualStager the rights described herein.
Image Content License By uploading any Image Content to the Site, you hereby grant to VisualStager a fully paid, non-exclusive, royalty-free, worldwide, limited license to:
Granting #1 is required for the basic operation of VisualStager that includes straightening, calibration, staging, resizing and downloading staged images. You may choose to opt-out of #2 by sending an email to firstname.lastname@example.org with a request to opt-out of part 2 of the Image Content License.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL VISUALSTAGER SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, VISUALSTAGER, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," VISUALSTAGER EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third party Providers have no warranty obligation to You whatsoever. To the extent that VisualStager has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any. Other than this limited remedy, VisualStager, and not Provider, is responsible for addressing any of Your claims relating to the Services or Your use of the Services, including but not limited to (i) product liability claims; (ii) claims that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Provider, nor any manufacturer of a hardware device on which the VisualStager Services were accessed, nor any mobile network provider, has any responsibility to provide you with support services relating to the VisualStager Services.
EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND VISUALSTAGER'S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE VISUALSTAGER SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID VISUALSTAGER, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL VISUALSTAGER OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT. VISUALSTAGER SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold VisualStager, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with VisualStager’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. VisualStager reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VisualStager in asserting any available defenses.
Upon registering with VisualStager, you will be assigned one (1) user account. You are limited to one account per person. VisualStager limits the maximum amount of disk space per account for storing VisualStager Staged Photographs and User content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
You acknowledge that we reserve the right to convert any Paid User account to a Free User account upon non-receipt of a subscription fee. Furthermore, we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any Image Content and content associated therewith, if the account has been inactive for a twelve (12) month period.
Do not rely upon this Site as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates
Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.
The laws of the state of Delaware, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods.
All notices to a User or to VisualStager shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at VisualStager, Inc., 941 Roselma Pl., Pleasanton CA, 94566 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by VisualStager.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by VisualStager, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.