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ACCEPTANCE OF TERMS OF USE.
By using the Visigroups service or by creating or owning a Visigroups login or Resource, or by storing or posting content, you are entering into a contract with AppCenter, Inc. per the following Terms of Use. Failure to comply will result in account termination and other consequences as described in this Terms of Use.
Users must be 13 or older to sign up for a Visigroups login, visit any Visigroups site or any other Visigroups-related site, or to create a Visigroups Site.
LOGIN NAME, PASSWORD, AND SECURITY.
Users create a Visigroups account by registering, which includes designating a login name and password. Users are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under that password. Users agree to immediately notify AppCenter of any unauthorized use of their passwords or accounts, or any other breach of security. AppCenter is not liable for any loss or damage arising from users' failure to comply with this section.
DISCLAIMER OF WARRANTY.
AppCenter disclaims all warranties or representations, express or implied, oral or written, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement. AppCenter does not guarantee that its services are error-free, that they will operate without interruption, or that they will be continued ad infinitum. AppCenter does not guarantee that content will not be lost, deleted, or damaged. Also each party to this Terms of Use acknowledges that it has not relied upon any warranty, condition, guarantee or representation made by the other except as specifically set forth in this Terms of Use.
LIMITATION OF LIABILITY.
AppCenter is an Internet Service Provider that enables its users to create and/or publish content in the form of web sites, pages, blog and forum posts, messages, links, emails, uploaded files, and images. It also permits its users to generate Resources such Web Sites, Forums, Blogs, Pages, Community Indexes, User Groups, Photo Galleries, and other publishing Resources. It does not pre-screen posted content or Resources. Users should not rely on the authenticity or accuracy of the content posted, and AppCenter does not endorse the content, nor does it make any claim as to the reliability, accuracy, or legitimacy of the content that passes through or is stored on its system.
Visigroups users who create posts or who set up a Visigroups Resource bear any and all risk of reliance on the accuracy, validity or legitimacy of content they post or permit to be posted. AppCenter is not responsible for any problems that may occur from reading or using content posted on Visigroups, as they are the exclusive responsibility of two parties: the user who posted it and the Resource owner who permitted it to be posted.
Visigroups users may be held legally accountable for material they post or permit to be posted that violates copyright, trademark, patent, or trade secret law. Visigroups users are also responsible for ensuring that their content complies with Visigroups' Terms of Use.
PRIVACY POLICY.
Registration Data and certain other information about Visigroups users is subject to Visigroups' Privacy Policy. Visigroups' Privacy Policy can be found at: http://www.visigroups.com/create/privacy.
INDEMNIFICATION.
Users of Visigroups agree to indemnify and hold AppCenter and its subsidiaries, affiliates, and employees harmless from any demand made by anyone due to the content they post or permit to be posted on Visigroups, regardless of whether that content violates Visigroups' Terms of Use.
PROHIBITED CONTENT.
It is AppCenter's function to operate as an Internet Service Provider, facilitating the free exchange of ideas, opinions, and information. However, AppCenter prohibits content or links to content or AppCenter Resources that contain(s):
Nudity, sex, pornography, and/or excessive profanity.
Adult services. Visigroups may not be used to promote, store, or display information or data pertaining to or about escort services or paid companionship services of any sort.
Material that violates or solicits the violation of any applicable local, state, national or international law.
Viruses, hacking or other harmful computer software programs.
Unauthorized use or distribution of copyrighted material(s).
Warez boards, CD-keys, and serial numbers.
Mail fraud and pyramid schemes.
Hatred and racism of any kind.
Violence, guns or firearms.
Illegal gambling.
Any other material that may be deemed by AppCenter to be libelous or offensive to another individual or organization. In most instances, however, AppCenter will require more than an unverified email or Community post to substantiate such an allegation.
Information that infringes upon privacy rights, such as specific addresses, phone numbers, Social Security numbers, or credit card numbers.
Any content that is in violation of the terms provided by AppCenter's own Internet Service Provider.
AppCenter reserves the right to remove any such content or Resource from the Visigroups service at any time and at its sole discretion. It also within AppCenter's sole discretion to revoke a user's login/account for violation of the Prohibited Content guidelines or for no reason at all.
SPAMMING NOT PERMITTED.
Visigroups may not be the source, intermediary or destination address involved in the transmission of spam, flames or mail bombs. Visigroups Resources may not be referenced in or linked to any unsolicited commercial messages distributed via e-mail, newsgroups or facsimile. Violation of this policy will result in immediate account termination without further warning, barring the offender from future use of the service. AppCenter will also report the violation to the email providers and other Internet Service Providers known or believed to be used by the offender.
FILE HOSTING SERVICE.
Visigroups provides to its users free hosted file storage. This service is provided on an as-is basis and may be utilized only by those users who exclusively use Visigroups services for their web sites. AppCenter reserves the right to discontinue this service at any time if it conflicts with the terms and conditions of AppCenter's Internet Service Provider or for any other reason, or for no reason whatsoever.
The standards for the allocation of hosted storage space are subject to change at any time based on the sole discretion of AppCenter. Furthermore, AppCenter reserves the right to remove or deny file storage privileges to any individual or to remove or delete any files that it deems in violation of its Terms of Use, such as, by not limited to, a violation of its content standards or its prohibition of spamming.
ENFORCEMENT OF RULES/TERMS OF USE.
AppCenter has the right to access any area of Visigroups and may edit, delete, or restrict access to any posted content or Resource at its sole discretion, but also to enforce its Terms of Use. AppCenter is not required to explain why any login or Resource was edited, restricted, or deleted.
RIGHTS TO POSTED CONTENT.
AppCenter may disclose any post or Resource to: 1) fulfill what is required by law or is needed to comply with legal processes; 2) to prove a violation to its Terms of Use; or 3) to protect the rights (including copyrights), property, or personal safety of anyone.
Any content posted or uploaded to Visigroups may be published by AppCenter. Users grant AppCenter the right to publish and store the content and use it for promotional purposes, such as advertising, public relations, etc.
When posting, the poster gives up their right of rescission. The site owner can give that right back at their discretion. The poster further gives the right to have the post visible on the site to the site owner (and therefore, indirectly, to AppCenter).
Unless otherwise stated above, the copyrights of the post belongs to the poster, and it is their responsibility for what they say. It is the responsibility of the site owner to moderate posts on their site.
HARASSMENT OF FORUMS AND USERS.
Users who post false, misleading, or obscene material on a Visigroups site for the purpose of driving users to their own site or for the purpose of getting a competing site shut down will be subject to the immediate termination of their own Visigroups Resources and login name. They are also subject to prosecution under applicable laws, and should be aware that AppCenter may cooperate with any criminal or civil action that is instigated as result.
USER DISPUTES.
Owners of Visigroups Resources must have logged into Visigroups within the preceding six months to remain in good standing. Owners of Visigroups sites who have not logged in within the preceding six months will be deemed to have abandoned those Resources. As to Forums, it is within AppCenter's sole discretion to discontinue them or to transfer them over to other Visigroups users. With respect to the transfer, the new owner might be charged an administrative fee.
With regard to other Visigroups Resources and the Visigroups login name itself, it is within AppCenter's sole discretion to terminate when the owner of those assets has not logged in within the previous six months, and the login name can once again be selected by another Visigroups user.
In AppCenter's sole discretion, Visigroups Resources may be transferred to another login upon request of the Visigroups Resource owner, providing that AppCenter can authenticate that it is actually the Resource owner making the request. The transferor may authenticate such a request by either logging in and requesting it via the Visigroups Community at http://www.visigroups.com/community or by emailing the request to support@visigroups.com, but the request must come from the email address that the site owner has registered with Visigroups.
Without regard to the above paragraphs in this section, there is no Right of Survivorship in a Visigroups account. A user's account and all Resources associated with that account terminate upon presentation of legal notice of that user's death.
ADVERTISING PROHIBITED.
Visigroups users may not place any advertising on their Resources. This includes but is not limited to: content-targeted ads, text-based ads, and pop-ups ads, including those that install spyware.
DEALINGS WITH VISIGOROUPS ADVERTISERS
Users' correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Visigroups service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and the advertiser. AppCenter is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Visigroups.
RESALE OF THE SERVICE.
Except with regard to access to their own content, users do not have the right to resale access to the services provided by Visigroups.
VISIGROUPS EMAIL NOTIFICATIONS.
By signing up for a Visigroups login, users agree to subscribe to the Visigroups Newsletter that notifies users of recent changes to Visigroups and may also advise users on how to more efficiently use the Visigroups service. Maintaining a subscription to the Visigroups Newsletter is a required of all Visigroups users. You may opt out by deleting your Visigroups login.
Additionally, users may request email processing by Visigroups in regard to Group validations and notifications of new responses to posts. AppCenter will also send out email to Visigroups members in regard to account activity such as creating a Visigroups site or email verifications.
Given the rigid junk email filters imposed by email services and other variables inherent with electronic communication, AppCenter makes no warranty that the emails it sends are actually received by the intended recipients.
GOVERNING LAW/LIMITATIONS ON CAUSES OF ACTION.
This Terms of Use shall be deemed to have been made in the state of California, United States of America. Its validity, construction, interpretation, and enforcement and the rights of all parties hereto shall be determined under, governed by, and construed in accordance with the laws of the state of California without regard to conflict of interest laws.
By accepting these Terms of Use, all Visigroups users agree to submit to personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California, United States of America and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to AppCenter or the Visigroups Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
MODIFICATION OF TERMS OF USE.
AppCenter reserves the right to amend these Terms of Use at any time by amending the provisions on the Terms of Use page of this site. All amendments shall be effective immediately after they are initially posted. A user's continued use of Visigroups following the modifications constitutes binding acceptance of those modifications.
TERMS OF USE EXCLUDES ALL OTHER AGREEMENTS.
The Terms of Use constitutes the entire agreement between Visigroups users and AppCenter and supersedes all prior agreements and understandings between you and AppCenter. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as an agreement between a users and an Internet Service Provider, and the remainder of the of the provisions shall remain in full force and effect.
The Terms of Use may only be amended or modified for any individual or group of users in a written agreement signed by an officer of AppCenter that specifically states it takes precedence over the Terms of Use.
REPORTING VIOLATIONS OF VISIGROUPS' TERMS OF USE.
Users should report any violations of Visigroups' Terms of Use to support@visigroups.com. If the violation pertains to a specific post or site, it is helpful the for the user to provide a link to that post with a brief description as to why it violates the Terms of Use.
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