At VISUALSOCIETY.COM, INC. (“Visual Society”, “VisualSociety.com”, “we” or “us”), we are passionately committed to the privacy of our customers. We (the folks at Visual Society) run a blog and website hosting platform called VisualSociety.com and would love for you to use it. VisualSociety.com‘s basic service is free, and we offer paid upgrades for advanced features such as domain hosting and extra storage. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a VisualSociety.com website that you believe violates these Terms of Service, please email us at email@example.com.
- Your VisualSociety.com Account and Website. If you create a blog or website on VisualSociety.com, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Visual Society of any unauthorized uses of your blog, your account, or any other breaches of security. Visual Society will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to VisualSociety.com, post links on VisualSociety.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using VisualSociety.com, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to Visual Society for inclusion on your website, you grant Visual Society a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. This license allows Visual Society to make publicly-posted content available to third parties selected by Visual Society (through the Visual Society Marketplace, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other VisualSociety.com users permission to share your Content on other VisualSociety.com websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website. If you delete Content, Visual Society will use reasonable efforts to remove it from VisualSociety.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Visual Society has the right (though not the obligation) to, in Visual Society’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Visual Society’s reasonable opinion, violates any Visual Society policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of VisualSociety.com to any individual or entity for any reason. Visual Society will have no obligation to provide a refund of any amounts previously paid.
- Web Traffic. We use a third party, comScore, Inc. (“comScore”), to measure VisualSociety.com’s audience and usage. By hosting your site on VisualSociety.com, you agree to assign the traffic relating to your website to Visual Society and authorize us to sign a Traffic Assignment Letter on your behalf for comScore audience measurement reports. Your website’s traffic will be included under Visual Society. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or comScore require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
- HTTPS. We offer free HTTPS on all VisualSociety.com sites by default, via Godaddy.
- Payment. If you choose a direct payment gateway to complete your purchase, Visual Society will send your credit card data to Stripe.com. Stripe is the industry-leading credit card processor used by thousands of websites. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored at Stripe, and not Visual Society, only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Visual Society’s Terms of Service here or Privacy Statement here.
- Advertisements. Visual Society reserves the right to display advertisements on your blog unless you have purchased an Ad-free Upgrade.
- Attribution. Visual Society reserves the right to display attribution text or links in your site footer or toolbar, attributing VisualSociety.com or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to VisualSociety.com Professional or Agency plans.
- Payment and Renewal.
- General Terms. Optional paid services such as extra storage or domain purchases are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Visual Society the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.
- Automatic Renewal. Unless you notify Visual Society before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website’s dashboard.
Visual Society has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Visual Society does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Visual Society disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which VisualSociety.com links, and that link to VisualSociety.com. Visual Society does not have any control over those non-VisualSociety.com websites, and is not responsible for their contents or their use. By linking to a non-VisualSociety.com website, Visual Society does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Visual Society disclaims any responsibility for any harm resulting from your use of non-VisualSociety.com websites and webpages.
As Visual Society asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by VisualSociety.com violates your copyright, you are encouraged to notify Visual Society in accordance with Visual Society’s Digital Millennium Copyright Act (“DMCA”) Policy. Visual Society will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Visual Society will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Visual Society or others. In the case of such termination, Visual Society will have no obligation to provide a refund of any amounts previously paid to Visual Society.
This Agreement does not transfer from Visual Society to you any Visual Society or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Visual Society. Visual Society, VisualSociety.com, the VisualSociety.com logo, and all other trademarks, service marks, graphics and logos used in connection with VisualSociety.com or our Services, are trademarks or registered trademarks of Visual Society or Visual Society’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Visual Society or third-party trademarks.
We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register a domain name on VisualSociety.com, or when you renew or transfer an existing domain name on VisualSociety.com, you become bound by the relevant registrar’s terms and conditions, either the Visual Society Domain Name Registration Agreement, Tucows Domain Inc. Registration Agreement, or this Domain Name Registration Agreement, in addition to these Terms. Which registrar terms apply depends on the TLD you choose, and in some cases, the date you register your domain. These registrar terms are incorporated by reference into these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found here. You can learn more about domain name registration generally here.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Visual Society may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your VisualSociety.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided “as is.” Visual Society and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Visual Society nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. . You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will Visual Society, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Visual Society under this agreement during the twelve (12) month period prior to the cause of action. Visual Society shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Visual Society reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Visual Society, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Visual Society and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Visual Society, or by the posting by Visual Society of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, NY. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Visual Society may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.