Terms of Service
Last updated: December 19, 2024
These Terms of Service (the “Terms”) set forth the terms and conditions governing the use of VIZPLATFORM (Formerly ”LumiSight”) APPLICATION (the “Service”) by all users (the “user,” “you,” “your”). The Service is owned and operated by an affiliate of DirectViz Solutions, LLC. (“DVS”). DVS is referred to herein as “we”, “us”, and “our.” Use of the Service constitutes acceptance of these Terms. If you do not agree to these Terms, you should not use the Service.
CHANGES: We reserve the right to change the Terms at any time and for any reason. Review these terms regularly. Your continued use of the Service following the posting of any revisions will mean you accept the revisions and will be legally bound by them.
VIZPLATFORM APPLICATION is intended for use by adults only. You acknowledge that you are at least 18 years of age or older (of legal age) and are able to enter into a binding agreement. If you are a minor, under the age of 18, you must obtain parental or legal guardian consent before downloading, installing or using this Service. Each User under the age of 18 that creates an account or signs on is responsible for obtaining permission of his/her parent or legal guardian. If you are under the age 18 and do not have permission from your parent or legal guardian to use this Service, you are violating these Terms and must not use the Service.
The Service is the property of DVS and its affiliates and licensors, including all of its text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material. The Service is protected by copyrights, trademarks, trade secrets, patents, and/or other proprietary rights. We grant you a limited, non-exclusive, non-transferable, license to use the Service for your own personal or business purposes. You may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Service for any purpose. We reserve all intellectual property rights not expressly licensed under these Terms to itself and its licensors.
All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to the Service, shall be collectively referred to as the “Content.” You retain ownership of Content. Notwithstanding your use, You grant Us the royalty-free, world-wide perpetual, non-exclusive, transferable license to use, reproduce, modify, edit, publish, distribute and display such Content solely through the Service. We do not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. We shall have the right (but not the obligation) in our sole discretion to refuse or delete any Content that we consider in violation of the Terms or to be otherwise illegal. We, in our sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property or personal safety of Users and/or the public.
We ask you to follow these rules when submitting, posting or sharing Content: (a) you will use this Service only in a manner consistent with all laws and regulations and in accordance with the Terms; and (b) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers or otherwise conceal your identity from us.
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of this Service. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
We shall not be liable for any damages or losses resulting from use of the Service by You. Further, we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any use of this Service or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if We have been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
You shall indemnify and hold us, our parents, subsidiaries, affiliates, officers, directors, employees, agents, and attorneys harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service.
You shall receive a password and an account. You are entirely responsible for any and all activities that occur under your account, whether authorized or not authorized. You agree to notify us of any unauthorized use of your acount or any other breach of security known to You.
Our Privacy Policy is available for review following the Welcome Screen of the VIZPLATFORM APPLICATION.
We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any person should we exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our Service may include links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of or the content located on or through, any third-party website. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such sites. We have no control over any third-party websites.
Any disputes regarding the interpretation, application, or enforcement of these Terms must be brought in the state or federal courts located in Honolulu, Hawaii, United States.
We respect the intellectual property rights of others and require that the people who use the Service do the same. It is our policy to respond promptly to any claims that intellectual property rights are being violated via the Service. If you believe that a work that you own or have rights to has been copied and made accessible on the Service in violation of your rights, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) the identification of the copyrighted work at issue; (c) the identification of the material that is claimed to infringe the copyrighted work and information reasonably sufficient to permit us to locate the material, including the full URL; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 for this Service is:
DirectViz Solutions, LLC
Attn.: Compliance & Copyright Officer
These terms shall not create an agency, partnership, franchise, or joint venture relationship between us and any User. All notices made pursuant to these Terms must be delivered in person or by means evidenced by a delivery receipt to the principal business or permanent residence address of the party receiving the notice. You may not assign these Terms to any third party without our prior written consent. These Terms shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns. Any express waiver or failure by Us to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision. We are not liable under these Terms for any breaches caused by events or conditions beyond our control. These Terms state the entire agreement between Us and all Users relating to this Service. These Terms may not be modified without the consent of the duly authorized representatives of DVS.
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