ATTENTION: READ CAREFULLY BEFORE USE OF THE VISIBLE INTERNET APPLICATIONS.
THIS AGREEMENT GOVERNS YOUR SUBSCRIPTION TO AND USE OF VISIBLE INTERNET APPS.
BY ACCEPTING THE VISIBLE INTERNET APP TERMS OF SERVICE (“TERMS OF SERVICE”), EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF SERVICE AND THE AGREEMENT AS DEFINED BELOW. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AND AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE SERVICES.
The Visible Internet Terms of Service (“Terms of Service”) apply to the Visible Internet service (“Visible Internet App”), which is developed by Visible Internet, Inc. (“Visible Internet” “we” or “us”), and is to be used as a web-based and mobile app service by Visible Internet customers, subscribers and other authorized users.
As between you and Visible Internet, you own:
As between you and Visible Internet apps, we own:
Visible Internet apps and other Visible Internet software applications and services are protected by Australian and international laws and treaties protecting patents, trademarks, copyrights, and other intellectual property. Subject to applicable laws and the rights granted to you under this Agreement, Visible Internet app consists of Visible Internet’s proprietary information. This Agreement gives you no rights other than those stated in its terms. Your license to use Visible Internet apps will automatically terminate if you use Visible Internet app in any manner that violates this Agreement, any applicable law, or any rights of Visible Internet. We reserve the right to use any lawful means to prevent unauthorized use of Visible Internet app, such as technological barriers, IP mapping, and contacting your Internet Service Provider or wireless carrier.
Except as described in this Agreement you do not own Visible Internet app, but only have a limited, non-exclusive, revocable license to use Visible Internet app as permitted by this Agreement.
We may update, modify, enhance, suspend, or cease making available Visible Internet App at any time including, without limitation, automatically delivering new versions or features to your Visible Internet products, applications, software and services when they become available and removing them from application stores at our sole discretion. Where Visible Internet app depends on interaction with Visible Internet operated online services, we may also disable functionality of such an experience at any time and for any reason.
You may use Visible Internet app provided to you under the terms of this Agreement solely as provided to you and without modification. You may not use, or encourage, promote, facilitate or instruct others to use Visible Internet app for any illegal, harmful, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.
Prohibited uses of Visible Internet apps included, but are not limited to:
If you become aware of any violation of prohibited uses set forth in this Section 3, you will immediately notify Visible Internet and provide Visible Internet with assistance, as requested, to stop or remedy the violation.
Visible Internet reserves the right, but does not assume the obligation, to investigate any violation of the prohibited uses or misuse of Visible Internet app. Visible Internet may: 1) investigate violations of the prohibited uses provided herein; or 2) remove, disable access to, or modify any content or resource that violates this Agreement. Visible Internet may report any activity that it suspects violates any law or regulation to the appropriate law enforcement authorities. Visible Internet’s reporting may include disclosing appropriate customer information. Visible Internet may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to the alleged violations.
You are responsible for your own use of Visible Internet App and all information that you associate with it. To the fullest extent permitted by law, we expressly disclaim all responsibility for and all warranties (express, written or implied) related to the accuracy, completeness, safety, reliability, or lawfulness of Visible Internet App. By using Visible Internet App, you acknowledge that your use of Visible Internet App is at your own risk.
For educational institutions, schools, or school districts (“schools”): Visible Internet may collect the following information: student name, email, class name. By using Visible Internet App and offering Visible Internet App to students, you represent and warrant that (i) you have the authority to provide any student data collected through Visible Internet App, and to allow Visible Internet to process student data for the purpose of providing Visible Internet App, and (ii) you have provided appropriate disclosures to, and obtained consents from, your school, the school’s end users, the parents or guardians of students (or provide consent on such parents/legal guardians’ behalf), or any other required individual regarding the school’s use of Visible Internet App to the extent such disclosures or consents are required by applicable law or by school agreements. You are fully responsible for ensuring that all data processed on the Software complies with all applicable privacy and data protection laws, including but not limited to Australian Privacy Principles (APP) and applicable laws and regulations in the jurisdiction in which you are located. It is your obligation to adopt and implement, and maintain for as long as this Agreement is in effect or as long as you store or process data (whichever is later), appropriate and industry-standard technical and organizational measures to protect data against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, and access, and against all other unlawful activities.
For other customers and entities: Visible Internet App may only be used with children under 18 by schools (as defined above). Customers and companies that are not schools may not use Visible Internet App with children under 18. Visible Internet App is not intended or designed for such use.
If you are using Visible Internet app as part of a no-cost trial (“Free Trial”), the length of your Free Trial is not guaranteed for any period of time. In the event that you are using Visible Internet app as a Free Trial, your Free Trial ends at the earlier of a) the time specified by Visible Internet in association with the Free Trial, b) the time your paid subscription begins, as initiated by your submitting a purchase order for the product, or c) at any time in Visible Internet’s sole discretion, subject to applicable law.
Visible Internet is not responsible for (i) delays in delivery or use of Visible Internet app or in providing support services, no matter who caused the delay; (ii) damages from, or performance prevented by, any cause not within our reasonable control, or for losses resulting from negligence, intentional wrongdoing or other actions or omissions of you or your employees or agents; or (iii) damages from our access, use, transmission or sublicensing, whether directly or indirectly, of your data, the loss of data, or the re-input of lost data for any reason, including failure of Visible Internet app or support services. It is your responsibility to back-up your data on a daily basis and to provide off-site back-up storage.
TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR A SEPARATE WARRANTY AGREEMENT, WE PROVIDE VISIBLE INTERNET APP “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, WRITTEN OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; UNINTERRUPTED OPERATION WITHOUT ERROR; FREE OF HARMFUL COMPONENTS; ANY CONTENT, INCLUDING YOUR CONTENT OR THIRD-PARTY CONTENT WILL BE SECURE AND NOT OTHERWISE LOST OR DAMAGED; AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VISIBLE INTERNET AND ITS AFFILIATES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERMITTED BY YOUR JURISDICTION OR, IN THE ABSENCE OF A LEGAL MINIMUM, NINETY (90) DAYS FROM THE DATE OF DELIVERY OF VISIBLE INTERNET APP OR MINIMUM PERMITTED BY YOUR JURISDICTION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
YOUR USE OF VISIBLE INTERNET APP DOES NOT, IN ANY WAY WHATSOEVER, EXTEND ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT APPLY TO VISIBLE INTERNET PRODUCTS.
By using Visible Internet app, you agree that, to the extent permitted by law, we will have no liability for any special, indirect, or consequential damages that you may sustain from your use of Visible Internet app, whether due to loss of data or profits, negligence, breach of contract, or otherwise. The total aggregate liability of Visible Internet, its affiliates and suppliers shall be limited to the amounts paid or payable by you to Visible Internet for use of Visible Internet app under this Agreement in the six (6) month period prior to the date when the cause of action arose. This limitation applies under contract, tort, strict liability, or any other legal theory.
To the extent permitted by law, you assume all risks concerning the suitability and accuracy of the information that you send or receive using Visible Internet app. Visible Internet app may contain technical inaccuracies or typographical errors. We assume no responsibility for any such inaccuracies, errors, or omissions associated with Visible Internet app.
Visible Internet App does not guarantee or monitor your health, safety, or security. We make no claim that Visible Internet App will work effectively in case of an emergency. Visible Internet App is not a replacement for any current emergency, automated emergency or other emergency system, hardware or software and are not intended to diagnose or treat any specific medical condition. Visible Internet App is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance where a failure of Visible Internet App could lead directly or indirectly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). You agree that we will not be responsible for any injury, environmental damage, or property damage arising out of your use of Visible Internet App in High Risk Activities.
Visible Internet will not be responsible for the actions of any individual or any accident that results while using or attempting to use Visible Internet App. FAILURE OF VISIBLE INTERNET APP DOES NOT CONSTITUTE AN OPPORTUNITY TO HOLD VISIBLE INTERNET OR ITS AFFILIATES LIABLE FOR ANY DAMAGES. YOU AND YOU ALONE ARE RESPONSIBLE FOR THE CONSEQUENCES OF USING VISIBLE INTERNET APP.
You agree to indemnify, defend, and hold harmless Visible Internet and its affiliates, officers, agents, co-branders, partners, and employees from any third-party claim or demand (including but not limited to damages, litigation costs, and reasonable attorney’s fees) that relates to your use of Visible Internet app or your violation of this Agreement. We reserve the right to assume the exclusive defense and control of any dispute in which you must indemnify us, and you agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify you of any such disputes once we become aware of them.
The term of this Agreement begins on the date Visible Internet receives your order for Visible Internet app and shall continue in full force and effect for a period of one (1) year thereafter, unless terminated earlier in accordance with the terms of this Agreement. We reserve the right to: (1) limit or terminate your use of Visible Internet app at any time if we determine in good faith concern that such use a) violates an applicable law or these Terms of Service; or b) may subject Visible Internet and its affiliates to liability; and (2) inform law enforcement of any illegal activity or material relating to use of Visible Internet app and provide law enforcement officials with all requested information we may have, including but not limited to the name, phone number, and email addresses of any user account suspected of illegal activity. Any terms of this Agreement, which by their nature survive the expiration or termination of this Agreement, including but not limited to Limitations on Liability and Indemnity, shall survive the expiration or termination of this Agreement.
VISIBLE INTERNET is a registered trademark of Visible Internet, Inc. All other product or service names are the property of their respective owners. You may not alter, obscure, or render unclear any trademark, logo, or other notice that indicates the rights of Visible Internet or our licensors and suppliers, whether built into Visible Internet app, printed on packaging or promotional material, published online, or otherwise.
We may be required by state, federal, or provincial law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to this Agreement or Visible Internet app. Such notices will be effective upon our posting them to our website, your installation or use of any updates to Visible Internet app, or our delivery of a notice to you by email, postal mail, or other means as required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.
You consent to receiving any notices regarding the Agreement or any notice required by law, including notice of a breach of security involving your personally identifiable information, through an email message or other electronic communication.
Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or any email address in your profile.
This Agreement supersedes any prior agreements between you and Visible Internet relating to your use of Visible Internet app with respect to its Software as a Services application. Any prior purchase you or your organization may have previously made of any other Visible Internet product, including, but not limited to any on-premises Visible Internet product, in no way includes or entitles you to use Visible Internet app.
By using Visible Internet app, you agree that the statutes and Australian laws, without regard to any principles of conflicts of law, will apply to all matters relating to your use of Visible Internet app. You also agree that any litigation will be subject to the exclusive jurisdiction of the Australian courts. You consent to the personal jurisdiction of those courts. Our failure to exercise or enforce any right or provision of this Agreement does not waive our right to exercise or enforce our rights in the future. If any court finds a provision of these terms and conditions to be invalid, then you agree that the court should endeavor to give effect to the intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.