Vizigy General Terms of Use

YOUR USE OF ANY PORTION OF THE VIZIGY WEBSITE (THE "VIZIGY WEBSITE") IS SUBJECT TO THE FOLLOWING GENERAL TERMS OF USE ( THE "TERMS"). BY VISITING, ACCESSING OR OTHERWISE UTILIZING ANY CONTENT OR FEATURES OF THE VIZIGY WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND YOUR INTENT TO BE BOUND BY THESE TERMS. WHEN YOU USE CURRENT OR FUTURE SERVICES OR BUSINESSES OF VIZIGY, THERE ARE ADDITIONAL TERMS AND CONDITIONS THAT APPLY TO THOSE VARIOUS SERVICES OR BUSINESSES IN ADDITION TO THESE TERMS . IF ANY TERMS AND CONDITIONS OF SUCH SERVICES OR BUSINESSES ARE INCONSISTENT WITH THESE TERMS, THE TERMS AND CONDITIONS OF SUCH SERVICES SHALL CONTROL.

Vizigy

The VIZIGY WEBSITE is owned and operated by Vizigy, Inc. ("VIZIGY"). You can contact Vizigy, Inc. by using the contact form on the VIZIGY WEBSITE, or by mailing correspondence to

Vizigy, Inc.
6155 Almaden Expy, Suite 250
San Jose, CA 95120
United States

LICENSE AND SITE ACCESS

VIZIGY grants you a limited license to access and make personal use of the VIZIGY WEBSITE and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VIZIGY. Viewing and use of Digital Content is governed by the Vizigy Digital Content Terms of Use. This license does not include any resale or commercial use of the VIZIGY WEBSITE or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the VIZIGY WEBSITE or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The VIZIGY WEBSITE or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VIZIGY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VIZIGY or any of its suppliers without express written consent of VIZIGY. You may not use any meta tags or any other "hidden text" utilizing VIZIGY's name or trademarks without the express written consent of VIZIGY. Any unauthorized use terminates the permission or license granted by VIZIGY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of vizigy.com so long as the link does not portray VIZIGY, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VIZIGY logo or other proprietary graphic or trademark as part of the link without express written permission from VIZIGY.

YOUR VIZIGY ACCOUNT

If you use the VIZIGY WEBSITE, you are responsible for maintaining the confidentiality of your account login and password and for restricting access to your computing device, and you agree to accept responsibility for all activities that occur under your account login or password. You must use your true name and email address to register and use the VIZIGY WEBSITE. Some of the products and services available on the VIZIGY WEBSITE are appropriate for children. However, VIZIGY does not sell any of its products or services to Children, but rather to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the VIZIGY WEBSITE only with involvement of a parent or guardian. VIZIGY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

FORUMS AND COMMENTS

Registered users of the VIZIGY WEBSITE may post content to the VIZIGY WEBSITE in the community forums, comments, user profile, and may submit audio, video, text, graphics, ideas, questions, suggestions or other information or inquiries, so long as the content posted by the user is not illegal, obscene, defamatory, threatening, objectionable, infringing on the intellectual property rights of others, invasive of the privacy of others, or in any way injurious to any third parties and so long as such content does not consist of or contain political campaigning, chain letters, software viruses, software downloads, warez, commercial solicitations, mass mailings, "spam", or any other objectionable material, and so long as the content is appropriate to the purpose for which the VIZIGY WEBSITE offers the user the opportunity to post the information. You may not impersonate any person or entity, use a false email address, or otherwise mislead as to the origin on any content you post on the VIZIGY WEBSITE. VIZIGY reserves the right (but not the obligation) to remove or edit any content posted by users, and may review posted content as such intervals on on such basis as VIZIGY deems appropriate.

If you post content to the VIZIGY WEBSITE, you grant VIZIGY a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully sublicensable right to use, reproduce, modify, publish, adapt, distribute, translate, create derivative works from, display, publicly perform such content in any media. You grant VIZIGY and any of its sublicensees the right to use your name in connection with such content, if VIZIGY so chooses, but VIZIGY and its sublicensees are not required to do so. You represent and warrant that you own or otherwise control any and all of the rights to the content you post on the VIZIGY WEBSITE; that the content you post is accurate; that the use of the content you post does not violate these terms of use; that the content you post will not cause injury to any person or entity; that you will indemnify and defend VIZIGY from any and all claims resulting from any content you supply. VIZIGY has the right, but not the obligation to monitor and edit or remove any activity or content posted by users to the VIZIGY WEBSITE. VIZIGY takes no responsibility for and assumes no liability for any content posted by you or by any third party to the VIZIGY WEBSITE.

COPYRIGHT COMPLAINTS

VIZIGY respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

COPYRIGHT

All content included on the VIZIGY WEBSITE, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, is the property of VIZIGY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the VIZIGY WEBSITE is the exclusive property of VIZIGY and protected by U.S. and international copyright laws. All software used on the VIZIGY WEBSITE is the property of VIZIGY or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Vizigy, GoPlayMusic, Musicenthusiast, BUY | STORE | STREAM, vDVD, and other VIZIGY WEBSITE graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of VIZIGY in the U.S. and/or other countries. VIZIGY's trademarks and trade dress may not be used in connection with any product or service that is not VIZIGY's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VIZIGY. All other trademarks not owned by VIZIGY that appear on the VIZIGY WEBSITE are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VIZIGY.

PRODUCT DESCRIPTIONS

VIZIGY endeavors to maintain accurate information and to accurately describe all products and services available on the VIZIGY WEBSITE. However, VIZIGY does not warrant the the product and service descriptions or any other content available on the VIZIGY WEBSITE is accurate, reliable, error-free, current, or complete. If a product or service offered by VIZIGY itself is not as described, your sole remedy is to return the product or service in its unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE VIZIGY WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY VIZIGY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VIZIGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIZIGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIZIGY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM VIZIGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIZIGY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the VIZIGY WEBSITE, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and VIZIGY.

DISPUTES

Any dispute relating in any way to your visit to the VIZIGY WEBSITE or to products or services sold or distributed by VIZIGY or through the VIZIGY WEBSITE in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in a state or federal court located in Santa Clara County, California, USA, to the exclusion of the courts of any other state, or country, and you consent to exclusive personal jurisdiction and venue in such courts.

MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


CLAIMS OF COPYRIGHT INFRINGEMENT - NOTICE AND PROCEDURE FOR MAKING CLAIMS

If you believe that content appearing on or available on the VIZIGY WEBSITE has been copied from your work in violation of copyright, please immediately notify VIZIGY's copyright agent by providing the following written information. Please note that this procedure is the exclusively for notifying VIZIGY that your copyrighted material has been infringed.

The notice must contain all of the following:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of the location on the VIZIGY WEBSITE of the material that you claim is infringing (please indicate the exact URL of the location);
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

VIZIGY's Copyright Agent for notice of claims of copyright infringement on the VIZIGY WEBSITE can be reached as follows:

Copyright Agent
Vizigy Legal Department
6155 Almaden Expy, Suite 250
San Jose, CA 95120
United States
email: copyright@vizigy.com

(Revised Feb 2015)