Vislinsky Terms of Service
1. Your relationship with Vislinsky
1.1 Your use of Vislinsky’s games, other products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Vislinsky under a separate written agreement) is subject to the terms of a legal agreement between you and Vislinsky. “Vislinsky” means Vislinsky Corp. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Vislinsky, your agreement with Vislinsky will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 The Universal Terms form a legally binding agreement between you and Vislinsky in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by clicking to accept the Terms.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Vislinsky, or (b) you are a person barred from receiving the Services under the laws of any country including the country in which you are resident or from which you use the Services, or (c) you have contra-indications against situations provoking agitation, anxiety and other strong emotions.
3. Provision of the Services by Vislinsky
3.1 Vislinsky is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Vislinsky provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that Vislinsky may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Vislinsky’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Vislinsky when you stop using the Services.
3.3 You acknowledge and agree that if Vislinsky disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Vislinsky will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vislinsky, unless you have been specifically allowed to do so in a separate agreement with Vislinsky.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Vislinsky, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Vislinsky has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Vislinsky may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Vislinsky for all activities that occur under your account.
5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Vislinsky immediately at firstname.lastname@example.org
6. Content in the Services
6.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
6.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Vislinsky (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Vislinsky or by the owners of that Content, in a separate agreement.
6.3 Vislinsky reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
6.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
6.5 You agree that you are solely responsible for (and that Vislinsky has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Vislinsky may suffer) by doing so.
7. Proprietary rights
7.1 You acknowledge and agree that Vislinsky own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Vislinsky and that you shall not disclose such information without Vislinsky’s prior written consent.
7.2 Unless you have agreed otherwise in writing with Vislinsky, nothing in the Terms gives you a right to use any of Vislinsky’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
7.3 Vislinsky acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Vislinsky, you agree that you are responsible for protecting and enforcing those rights and that Vislinsky has no obligation to do so on your behalf.
7.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8. Licence from Vislinsky
8.1 Vislinsky gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Vislinsky as part of the Services as provided to you by Vislinsky (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Vislinsky, in the manner permitted by the Terms.
8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Vislinsky, in writing.
8.3 Unless Vislinsky has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9. Content licence from you
9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Vislinsky a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Vislinsky to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
9.2 You agree that this licence includes a right for Vislinsky to make such Content available to other companies, organisations or individuals with whom Vislinsky has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
9.3 You understand that Vislinsky, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Vislinsky to take these actions.
9.4 You confirm and warrant to Vislinsky that you have all the rights, power and authority necessary to grant the above licence.
10. Software updates
10.1 The Software which you use may automatically download and install updates from time to time from Vislinsky. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Vislinsky to deliver these to you) as part of your use of the Services.
11. Ending your relationship with Vislinsky
11.1 The Terms will continue to apply until terminated by either you or Vislinsky as set out below.
11.2 If you want to terminate your legal agreement with Vislinsky, you may do so by (a) notifying Vislinsky at any time and (b) closing your accounts for all of the Services which you use, where Vislinsky has made this option available to you. Your notice should be sent, in writing, to Vislinsky’s address which is set out at the beginning of these Terms.
11.3 Vislinsky may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Vislinsky is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) Vislinsky is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(D) the provision of the Services to you by Vislinsky is, in Vislinsky’s opinion, no longer commercially viable.
12. Exclusion of Warranties
12.1 The Services are provided "as is" and Vislinsky gives you no warranty with respect to them.
12.2 In particular, Vislinsky does not represent or warrant to you that:
(A) your use of the Services will meet your requirements and expectations,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
12.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Vislinsky shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any information, advertising, or as a result of any relationship or transaction between you and any other user of Vislinsky’s Services or advertiser or sponsor whose information or advertising appears on the Services;
(ii) any changes which Vislinsky may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iv) your failure to provide Vislinsky with accurate account information;
(v) your failure to keep your password or account details secure and confidential;
(C) any health deterioration;
(D) any non-compliance with the agreement between you and the company or person concerned, including other users of Vislinsky’s Services.
13.2 The limitations on Vislinsky’s liability to you stated above shall apply whether or not Vislinsky has been advised of or should have been aware of the possibility of any such losses arising.
14. Copyright and trade mark policies
14.1 It is Vislinsky’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
14.2 Vislinsky operates a trade mark complaints procedure in respect of Vislinsky’s advertising business.
15. Other content
15.1 The Services may include hyperlinks to other web sites or content or resources. Vislinsky may have no control over any web sites or resources which are provided by companies or persons other than Vislinsky.
15.2 You acknowledge and agree that Vislinsky is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that Vislinsky is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
16.1 Vislinsky may make changes to the Universal Terms from time to time. When these changes are made, the Universal Terms will be made available to you from within, or through, the affected Services.
16.2 You understand and agree that if you use the Services after the date on which the Universal Terms have changed, Vislinsky will treat your use as acceptance of the updated Universal Terms.
17. General legal terms
17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and Vislinsky and govern your use of the Services (but excluding any services which Vislinsky may provide to you under a separate written agreement), and completely replace any prior agreements between you and Vislinsky in relation to the Services.
17.3 You agree that Vislinsky may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.4 You agree that if Vislinsky does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Vislinsky has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vislinsky’s rights and that those rights or remedies will still be available to Vislinsky.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.6 The Terms, and your relationship with Vislinsky under the Terms, shall be governed by English law. You and Vislinsky agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Vislinsky shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
November 27, 2007