These terms of use (the “Agreement”) govern your use (defined below) of the vvGarage App (the “App”). The App is provided by Service Visuals LLC. For the purposes of this Agreement (i) the “App” includes all Content and Available Features, (ii) “Available Features” means any features discussed, referenced, provided or offered through or on the App, (iii) “Content” means all content, including, without limitation, all text, trademarks, written material, code, look and feel, trade dress, technical information and advertisements appearing on or otherwise making up the App, including, without limitation, Animated Works; (v) “Using” or “Use” means visiting, participating in and accessing and using the App, and (vi) “you” refers to you as an individual and the entity listed by you as “Business Name” in the account set-up process.
Only entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law are permitted to subscribe to a vvGarage account. In order to distribute the App to your customers you must subscribe by establishing an account and paying the applicable subscription fees. Service Visuals reserves the right to terminate your distribution and use of the App.
When registering for an account you must provide (i) your name, (ii) your business name and mailing address and phone number, (iv) primary administrator information for the account, and (v) billing and related information (“Payment Information”).
You must open an account and pay the applicable subscription fee for each physical business location account.Unless prohibited under the terms of a separate and overriding license agreement, Service Visuals reserves the right in its sole discretion to change the subscription fee at any time. In the event Service Visuals changes the subscription fee, you will be notified not less than sixty (60) days prior to your renewal date via email using the contact information provided during the account set-up process. In the event Service Visuals changes the subscription fee you may terminate your subscription by notifying us at least five (5) days prior to the renewal date according to the directions set forth in the notice. Failure to terminate your subscription within five (5) days prior to the renewal date and as otherwise described in the notice constitutes your acceptance of the revised terms.
Service Visuals, its licensors, or other third parties own all Content. Content is protected under United States and other countries' copyright, trademark and other laws and international treaty provisions, and any unauthorised use by you of this Content may subject you to civil and criminal penalties.
Unless your use of the App is subject to additional or different Terms and Conditions (Clause 7. “Other Terms”), you may distribute the App to your customers.
All rights in and to the Content not expressly granted in this Agreement are retained by Service Visuals.
You do not acquire any rights to the App.
At all times during your use of the App, you must (i) provide accurate and truthful information about yourself, and (ii) update your information from time to time as necessary to keep your registration information current and accurate.
You are responsible for all activities that occur under your account. You may not share or allow others to use your user name and password. Please notify Service Visuals as soon as possible if (i) you need to change your password and account information or (ii) you suspect someone is accessing and using your account.
You acknowledge and agree that (i) the App and Content are to be used for information and marketing purposes only and shall not be used for diagnostic purposes, (ii) by Using the App, including, without limitation, viewing any Content, you may be exposed to Content that is inaccurate, misleading, offensive or otherwise objectionable, (iii) you must evaluate and bear all risks associated with your use of or reliance on any Content, and (iv) under no circumstances will SPA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of your use of any Content.
Information you provide or that is otherwise gathered in connection with your use of the App, including, but not limited to, your account information, is subject to the Privacy Policy(the “Privacy Policy”), which is incorporated into this Agreement by reference.
In addition to this Agreement, additional or different terms and conditions ("Other Terms") may apply in connection with certain types of Available Features, Content or Payment, If applicable, these Other Terms will be set forth (i) where you are permitted to access such Available Features/Content, or (ii) in a link adjacent to where you are permitted to access such Available Features/Content. You should carefully review all Other Terms, as applicable, before accessing and using such Available Features/Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement conflicts with the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
Service Visuals does not accept ideas, concepts, or techniques ("Comments") through the App. If you provide Comments to us, you acknowledge and agree that (a) Comments will not be considered confidential or proprietary, (b) Service Visuals and its affiliates are under no obligation to keep Comments confidential, and (c) Service Visuals will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce and display Comments in any manner it chooses.
Unless subject to additional or different Terms and Conditions, Service Visuals reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the App, (iii) to remove any Content from the App, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the App or any subscription to the App, in whole or in part, including, but not limited to, as Service Visuals deems necessary for purposes of maintenance, upgrades and the like, to maintain the App or to comply with applicable law. Service Visuals shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the App or subscriptions to the App and shall have no obligation to refund any fees paid pursuant to this Agreement.
You must obey the law at all times when Using the App. In addition, you may not, while Using the App:
• request, or otherwise attempt to obtain or store, personal information, passwords, account information or any other type of information of other users;
• access or use another person's account;
• disguise the origin of any submissions;
• alter, modify, frame, or "mirror" any Content;
• create a deep-link to the App;
• use any data mining, robots, or similar data-gathering and extraction tools in connection with the App;
• inhibit, disrupt, or otherwise prevent anyone from using or accessing the App or interrupt any user's experience on the App, including but not limited to acting in any manner that disrupts users' real-time exchanges or hacking or defacing any portion of the App;
• disobey any requirements, procedures, policies or regulations of networks connected to the App;
• modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the App;
• attempt to gain unauthorized access to the App (or any portion thereof), any Posting, any other systems or networks connected to the App or any server related thereto;
• Use the App to intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
No refunds, returns or exchanges are permitted with respect to your subscription to the App.All sales are final.
If you dispute any charge made under this Agreement, you must notify Service Visuals in writing within sixty (60) days of any such charge. Failure to so notify Service Visuals shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by Service Visuals.
The term of this Agreement shall begin on your acceptance of this Agreement and shall continue until terminated as provided herein. Service Visuals may terminate this Agreement and your account at any time upon notice to you.
Service Visuals may amend this Agreement at any time, in its sole discretion, upon advance notice to you in a manner Service Visuals chooses that complies with law. In the event such changes have a material adverse impact on you, your sole remedy is to terminate this Agreement in the manner described in the notice we provide. Failure to terminate this Agreement within ten (10) days after receiving notice and as otherwise described in the notice constitutes your acceptance of the revised terms.
You represent and warrant that: (a) you are eighteen (18) years of age or older, (b) you have the right and ability to enter into this Agreement on behalf of yourself and the entity listed by you as “Business Name” in the account set-up process; (c) all information submitted through your subscription to and use of the App, including, without limitation, through the account set-up process and otherwise, will be true, correct, accurate and complete when supplied and will be updated and revised as and when data previously supplied becomes inaccurate, and (d) if you provide Service Visuals with information concerning a third party, including, without limitation, a third party’s name and address, you have the authority to do so.
As to the app, to the fullest extent permitted by law, Service Visuals expressly disclaims all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. Service Visuals does not make any representation or warranty regarding any content and available features made available on the site, including without limitation, the animated works. You assume all responsibility and risk related to your use of the App, including, but not limited to your use of content and available features. Service Visuals will not be responsible for any loss of data that results from using the software.
Service Visuals shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the App, including, but not limited to your use of content and available features.
In no event shall the liability of Service Visuals for any damages (direct or otherwise) or penalties or loss arising out of or relating to the use of the App, regardless of the form of action or claim, whether in contract, tort (including negligence), delict or otherwise of any type exceed the subscription fees paid to Service Visuals by you pursuant to this agreement during the calendar year during which the applicable claim accrued, any claim for damages in excess thereof being hereby waived by you.
Service Visuals shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action directed at a party specifically, acts of terrorism, earthquake, fire, flood or other acts of god, labor conditions, power failures, or internet disturbances.
You agree to defend, indemnify and hold harmless Service Visuals, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “Service Visuals”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to (a) your Use of the App, including, but not limited to your use of Content and Available Features, or (b) any breach by you of the representations and warranties set forth in this Agreement.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS TAKEN BY YOU OR BY ANYONE USING YOUR ACCOUNT.
The App may display links to other websites or resources sponsored by third parties (such third party sites are known as "Linked Websites"). Access to Linked Websites is at your own risk. These Linked Websites may not be available at all times and may contain content that is untrue, offensive, inaccurate, incomplete, or outdated. Service Visuals does not endorse or provide warranties of any kind as to any Linked Websites (and any websites to which they link). You should review these Linked Websites closely before submitting information to such Linked Websites or allowing children to visit these Linked Websites.
You are responsible for the purchase and maintenance, at your sole cost and expense, of any hardware, software, Internet access, and/or related service access and devices required to use the App. You acknowledge and agree that your ability to use the App will depend on (among other things) the speed of your Internet access and the hardware and software accessing the App (including whether you have obtained the upgrades and updates that are available for such hardware and software). You acknowledge and agree that Service Visuals may, at any time and in its sole discretion, change the Available Features and Content and the requirements (type of Internet access, hardware, software) to use the Available Features and Content. Service Visuals does not guarantee or warrant that you will have access, at any time, to the App or any Available Features or Content.
