Effective Date: January 15, 2025
Last Updated: January 15, 2025
Welcome to Visimade! These Terms of Service ("Terms") govern your access to and use of Visimade's websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
You must be at least 13 years old to use Visimade. If you are under 18, you represent that you have your parent or guardian's permission to use the Services. By using the Services, you represent that you have the capacity to enter into a binding agreement and are not barred from using the Services under applicable law.
To use certain features of our Services, you must create an account. When creating an account, you must provide accurate and complete information. You are solely responsible for the security of your account and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to maintain the security of your account.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use our Services. This license is for your personal, non-commercial use, unless you have entered into a separate commercial agreement with us.
When using our Services, you must comply with these Terms and all applicable laws, rules, and regulations. You may not:
The Services may contain information, text, links, graphics, photos, videos, audio, code, or other materials ("Content"), including Content created with or submitted to the Services by you or through your account ("Your Content"). You retain all rights in, and are solely responsible for, Your Content.
When you submit Your Content to the Services, you grant Visimade a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for Visimade to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Visimade.
You are responsible for Your Content. You may not submit Content that:
We reserve the right to remove or modify Your Content for any reason, including if we believe it violates these Terms or our policies. However, we have no obligation to monitor or review any Content submitted to the Services.
The Services may contain links to third-party websites, products, or services, which may be posted by other users or third parties ("Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any third party's websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction with any third party.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services.
We may offer paid products or services, including subscriptions, premium features, or virtual goods (collectively, "Paid Services"). When you purchase Paid Services, you agree to pay all fees and charges according to the pricing and terms presented to you at the time of purchase.
All purchases are final and non-refundable, except as required by law or as expressly provided in these Terms. We reserve the right to change our pricing at any time. If you have a recurring subscription, we will notify you of any price changes in advance, and you will have the opportunity to cancel your subscription before the new price takes effect.
The Services are owned and operated by Visimade. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services ("Materials") provided by Visimade are protected by intellectual property and other laws. All Materials included in the Services are the property of Visimade or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or Content from the Services.
Visimade respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement and other intellectual property violations that comply with applicable laws.
If you believe that content on our Services infringes your copyright, trademark, or other intellectual property rights, please submit a takedown request through our DMCA & Intellectual Property Takedown page or contact our designated agent at copyright@visimade.com. Your notice must include:
We will terminate the accounts of repeat infringers. Users who believe their content was removed by mistake may file a counter-notification as described in our DMCA policy.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Visimade, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the "Visimade Entities") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
The Services and all content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Visimade does not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
To the maximum extent permitted by applicable law, in no event shall the Visimade entities be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; or (c) unauthorized access, use, or alteration of your content. In no event shall Visimade's aggregate liability exceed the greater of one hundred U.S. dollars ($100) or the amount you paid Visimade in the past six months.
These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (for example, via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
You may terminate these Terms at any time and for any reason by deleting your account and discontinuing use of all Services. We may suspend or terminate your account or ability to access or use the Services at any time for any or no reason, including for violation of these Terms or our policies.
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Visimade is not required to delete or return any of Your Content. All provisions of these Terms that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Visimade concerning the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms of Service, please contact us at:
Email: legal@visimade.com
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