Welcome to Visual Data Media Services LLC website (“Site”). Please review the following terms and conditions that govern your use of our Site (the “Agreement”). We may, without prior notice and at any time, change the terms that govern your use of our Site. Your use of our Site following any such changes constitutes your agreement to follow and be bound by the terms as changed. If you do not agree with these terms, please discontinue use of the site.
By using any of the Site or any of the services, you agree to these terms and affirm that you are able and legally competent to do so. If you are using the services on behalf of your employer, your acceptance of these terms is deemed an agreement between your employer and Visual Data Media Services LLC and you represent and warrant that you have authority to bind your employer to these terms.
Site Contents & Use
Unless otherwise noted, all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and metadata, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Visual Data Media Services LLC and its subsidiaries and/or affiliates (collectively “Visual Data Media Services LLC”). Any unauthorized use of any Contents violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Visual Data Media Services LLC, permission to use the Site or any of its Content is not granted, expressed or implied. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Visual Data Media Services LLC Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or its Content.
As a condition of your use of this Site, you warrant to Visual Data Media Services LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Right to Change Site
Visual Data Media Services LLC may, at any time modify or discontinue all or any part of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
User Comments, Feedback & Other Submissions
All comments, feedback, notes, messages, ideas, suggestions or other communications submitted or offered to Visual Data Media Services LLC through this Site or offered in connection with your use of this Site whether disclosed online, by email, by post mail or otherwise (collectively, “Comments”) shall be and remain the exclusive property of Visual Data Media Services LLC. Your submission of any such Comments shall constitute an assignment to Visual Data Media Services LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Visual Data Media Services LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us. Visual Data Media Services LLC has the right but not the obligation to monitor and edit or remove any Comments. You agree your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Visual Data Media Services LLC or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Visual Data Media Services LLC takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Availability, Errors, & Inaccuracies
We do our best to maintain accurate information on our Site. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, location information, contact details, pricing, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice. We apologize for any inconvenience this may cause you.
Colors
Visual Data Media Services LLC strives to display as accurately as possible the colors shown on the Site. However, because the colors you see will depend on your monitor and other variations related to your equipment, Visual Data Media Services LLC cannot guarantee that your monitor’s display of any color will be accurate or preferential.
Links to Other Websites & Services
The Site may contain links to websites of third parties, outside services and resources, the availability and content of which Visual Data Media Services LLC does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Visual Data Media Services LLC has no responsibility for the linked sites nor does linking constitute an endorsement of any kind. Links are provided solely for the convenience and information of the Site’s users and your use of third party sites is at your own risk.
Privacy Policy
Your submission of personal information through the Sites is governed by our privacy policy page.
This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
Disclaimer: THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Visual Data Media Services LLC EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH Visual Data Media Services LLC MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. Visual Data Media Services LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Indemnification
As a condition of your use of the Site, you agree to defend, indemnify and hold Visual Data Media Services LLC, and its respective employees, directors, officers, agents, vendors and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site including without limitation any Comments submitted by you and/or your breach of any representation, warranty, or other provision of the Agreement.
Jurisdiction
This Site is operated by Visual Data Media Services LLC. This Agreement shall be construed in accordance with the laws of the State in which the business resides, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Delaware.
Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. Each party shall bear its own costs in the arbitration. Visual Data Media Services LLC shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Visual Data Media Services LLC, such action is necessary or desirable.