You (the "User"), by using "VisualDesigning" software, services, websites, agree to be bound and abide by the terms and conditions of this Agreement with "VisualDesigning".
"VisualDesigning" reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLs. Changing "VisualDesigning" linking codes is prohibited without prior permission.
The following types of files constitute "abuse" may not be uploaded under any circumstances:
Uploading abusive files may result in the immediate termination of the user's ability to use "VisualDesigning" or any of its provided services. The "VisualDesigning" website may not load, all "VisualDesigning"-hosted files may not load, and all files and accounts related to the abusive files will be subject to deletion. Circumventing "VisualDesigning"'s ability to enforce the "VisualDesigning" Terms of Service will result in prosecution.
"VisualDesigning" has certain soft and hard hosting limits in using its service. Hard limits are automatically enforced by the Service. Soft limits are consumable resources that the User agrees not to exceed. The limits are as follows unless otherwise contractually agreed upon.
All information provided by the user is strictly confidential. "VisualDesigning" reserves the right to distribute aggregated demographic information provided by the user, but "VisualDesigning" will never release any personal information about the user without permission. However, "VisualDesigning" reserves the right to release user information if user has violated the "VisualDesigning" Terms of Service, if the user has committed unlawful acts, if the information is subpoenaed, or if "VisualDesigning" deems it necessary or appropriate.
Services provided to or used by the User may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.
This includes material legally judged to be threatening or obscene, profane, or material protected by trade secrets.
This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
Users are prohibited from using "VisualDesigning" for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which "VisualDesigning" deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the "VisualDesigning" management.
The subscriber agrees to indemnify and hold harmless and defend "VisualDesigning" from any claims resulting from the User's use or User's allowed use by others of the Services which damages either "VisualDesigning" its officers, its employees, its directors, its partners, or another party or parties.
User shall defend, indemnify, save and hold "VisualDesigning" (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, (“Liabilities”) asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
User shall defend, indemnify and hold harmless "VisualDesigning" (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
Under no circumstances, including negligence, shall "VisualDesigning" (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing "VisualDesigning" services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the "VisualDesigning" service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to "VisualDesigning" records, programs or services. This paragraph shall apply to all content and functionality of "VisualDesigning" Service.
Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to "VisualDesigning" during the current month.
Such limitations shall apply to "VisualDesigning"'s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any.
User warrants that its content does not infringe any third party copyrights or patents.
"VisualDesigning" makes no warranties or representations of any kind, whether expressed or implied for the Services.
User's use of "VisualDesigning" services are at User's sole risk. Neither "VisualDesigning" its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that "VisualDesigning" service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the "VisualDesigning" Service, unless otherwise expressly stated in this Agreement or a separate Service Level Agreement (SLA).
"VisualDesigning" also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of "VisualDesigning" is at the User's own risk, and "VisualDesigning" specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Under no circumstances will "VisualDesigning" bear any responsibility for any damages arising as a consequence of any unavailability of services, unless a SLA contract exists between User and "VisualDesigning".