You are on page 1of 6

Terms of Use Visibook Aap

Terms of Use
Last Modified: January 11, 2014
Welcome to the website of visibook ("Company", "we" or "us"). The following terms and conditions
("Terms of Use") govern your access to and use of www.visibook.com, including any content,
functionality and services offered on or through www.visibook.com (the "Website"), whether as a
guest, customer, or a registered user. Please read the Terms of Use carefully before you start to use
the Website as the Terms of Use is a legally binding contract between you and the Company
regarding your use of the Website?
By clicking I accept or by using the Website, you accept and agree to be bound and abide
by these Terms of Use and our Privacy Policy, found at www.visibook.com/privacy,
incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy
Policy, you must not access or use the Website.
1. Eligibility. This Website is offered and available to users who are at least eighteen (18)
years of age or older. By using this Website, you represent and warrant that (i) you are of
legal age to form a binding contract with the Company; (ii) you have not previously been
suspended or removed from the Website; and (iii) your registration and your use of the
Website is in compliance with any and all applicable laws and regulations.
2. Accessing the Website; Account Security; Account and Registration. We reserve the
right to withdraw or amend this Website, and any service or Materials we provide on the
Website, in our sole discretion without notice. To access the Website or some of the features
it offers, you may be asked to provide certain registration details.
3.

Password. When you register, you will be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and password.

4. Profile and Background photo. For certain features, the Company may offer to upload your
personal profile photo or background. You are responsible to not upload an abusive photo, to
not infringe any copyrights or trademarks, and to not use a design which other Website users
may deem offensive or indecent.
5. Appointments and Bookings.
Service Provider. As a registered user, you will be able to book and confirm appointments
for your business or organization with your customers ("Customer") via the Website (the
"Service Provider"). We expressly disclaim any and all liability in connection with any
appointments between Service Providers and Customers.
Customer. As a Customer utilizing the Website, you will be able to book and confirm
appointments with Service Providers.

Feedback. Your feedback is important to us. While the Company is working to build and
evaluate our products, offerings, and services, we pay close attention to any feedback,
comments, , related documentation, artwork, computer code, diagrams, designs, or other
materials (collectively, Feedback), then you agree to the following terms:
a. The Company has no obligation to review, consider, or implement any Feedback or
return all or any Feedback to you for any reason;
b. Feedback is non-confidential and non-proprietary and the Company is not obligated
to keep Feedback confidential;
c. The Company is free to use, reproduce, modify, and distribute Feedback for any
purpose, including by making, using, selling, and importing commercial products,
features, and services which incorporate or embody any Feedback, in whole or in
part, free of charge and without attribution of any kind;
d. You assign any and all rights, title, and interest associated with any Feedback and
waive and release and promise never to assert any claims or causes of action you
may have in respect to any matter relating to your Feedback; and
e. The Company is free to transfer or assign the rights granted to Feedback hereunder
without your consent or restriction.
6. User Contributions. The Website may contain certain interactive features that allow users to
post, submit, publish, display or transmit to other users or other persons (hereinafter, "post")
content or materials (collectively, "User Contributions")
a. You own or control all rights in and to the User Contributions and have the right to
grant the license granted above to us and our respective licensees, successors and
assigns.
b. You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not the Company, have full
responsibility for such content, including its legality, reliability, accuracy and
appropriateness.
c. All of your User Contributions do and will comply with these Terms of Use.
User Contribution Disclaimer. We are not responsible, or liable to any third party, for the
content or accuracy of any User Contributions posted by you or any other user of the
Website. You understand that, unless you utilize specific privacy or account information
settings, when you post any User Contribution content or information, it may be viewed by

any users on the Website. Prohibited Uses. You may use the Website only for lawful
purposes and in accordance with these Terms of Use. You agree not to use the Website:
d. In any way that violates any applicable federal, state, local or international law or
regulation including, without limitation, any laws regarding the export of data or
software to and from the US or other countries.
e. 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.
f.

means to access the Website for any purpose, including monitoring, copying, or
transferring any Materials on the Website.

g. To interfere with the operation of the Website or any users enjoyment of the Website,
including by:
i.

uploading or otherwise disseminating viruses, adware, spyware, worms, logic


bombs, Trojan horses, or other malicious code;

ii.

attacking the Website via a denial-of-service attach or a distributed denial-ofservice attack

7. Monitoring and Enforcement; Termination. We have the right to:


a. Take any action with respect to any User Contributions that we deem necessary or
appropriate in our sole discretion.
b. Take appropriate legal action, including without limitation, referral to law enforcement
for any illegal or unauthorized use of the Website or disclosure of your identity or
other information about you to a third party who claims that materials posted by your
violates their rights, including intellectual property rights or their right to privacy.
c. Terminate or suspend your access to all or part of the Website for any violation of
these Terms of Use.
8. Company Intellectual Property Rights. The Website is owned and operated by the
Company. The contents, features and functionality (including but not limited to all information,
software, text, displays, images, domain name, trademarks, logos, graphics, interfaces, video
and audio, design, source code and object code, and the selection and all rights not
expressly granted are reserved by the Company.
9. Digital Millennium Copyright Act (DMCA).

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act
applicable to internet service providers (17 U.S.C. 512, as amended). If you have any
complaints with respect to material posted on the Website, please contact us at a description
of the material that you claim is infringing and where it is located on the Website;
a. your address, telephone number, and email address;
b. a statement by you that you have a good faith belief that the use of the materials on
the Website of which you are complaining is not authorized by the copyright owner,
its agent, or the law; and
c. a statement by you that the above information in your notice is accurate and that,
under penalty of perjury, you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
Repeat Infringers. The Company will promptly terminate the accounts of users that are
determined to be repeat infringers, or those users who have been notified of infringing
activity more than twice or have had User Contributions removed more than twice.
2. Changes to the Terms of Use and Website. We may revise and update these Terms of
Use from time to time in our sole discretion. All changes are effective immediately when we
post them and apply to all access to and use of the Website thereafter. Your continued use of
the Website following the posting of revised Terms of Use means that you accept and agree
to the changes. You are expected to check this page from time to time so you are aware of
any changes, as they are binding on you.
We may update the content on this Website from time to time in our sole discretion, but the
Websites content may not necessarily be complete or up-to-date. Any of the Materials on the
Website may be out of date at any given time, and we are under no obligation to update such
Materials. Any reliance you place on such information is strictly at your own risk.
3. Information About You and Your Visits to the Website. 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.
4. Geographic Restrictions. The Company operates the Website from the state of California in
the United States. We make no claims or representations that the Website or any of its
content is accessible or appropriate outside of the United States. Access to the Website may
not be legal by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are responsible for
compliance with local laws.
5. Third party support. You understand that the Company may use third parties (e.g., hosting
partners) to provide the necessary resources (e.g., hardware, software, networking, storage,
etc.) to run the Website.

6. Indemnification. You agree you will be personally responsible for your use of the Website
and agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and
its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns (collectively, the "Company Entities") 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, your User
Contributions, 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.
7. Disclaimer of Warranties. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, UNDER APPLICABLE LAW.
8. Limitation on Liability. IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES, EVEN IF FORESEEABLE, WHETHER BASED ON CONTRACT,
WARRANTY, TORT, STATUTE, OR ANY ABLE LAW.
9. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of
Use and any dispute or claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed in accordance with
the laws of the State of California, without giving effect to conflict of law principles.
General. The Terms of Use and our Privacy Policy constitute the sole and entire agreement
between you and visibook with respect to the Website and may only be amended by written
agreement signed by the parties. provision under these Terms of Use shall not constitute a
waiver of such right or provision Upon termination of the Terms of Use, any provision which,
by its nature or express terms should survive, will survive such termination or expiration.
10. Technical Support. Technical support is provided on a reasonable basis and by
contacting contact@visibook.com.
11. Your Comments and Concerns. All other feedback, comments, requests for technical
support and other communications relating to the Website should be directed
to: contact@visibook.com.

You might also like