Terms of Service
Last revised May 3, 2012
Thank you for visiting VisualCove.com (the "Site") and reviewing the Terms of Use for VisualCove.com ("VisualCove" "Visual Cove" or "we" or "us"). Please review these Terms of Use ("Terms") carefully. Please also read our Privacy Policy. By using the Site, you're telling us you've read and understand these Terms and the Privacy Policy. If we change anything major in our Terms, we may post a notification up on the site.
When you order a product or service from us, you assure us that the information that you provide is truthful, that you've provided a valid email address, that you will notify us with any changes, that you are 18 years of age or older, that you will not break any laws while using our products or services, and that you will not break any of the policies set forth in our Terms of Services or Privacy Policy.
You can use our products or services as long as you make your payments on time, and we continue to offer that product or service. If you break any of the terms, we may discontinue your use of our products and services.
If you are required to create a password for one of our products or services, please make your password hard to guess and do not share if with anyone.
You are a "client" if you pay for or sign up for any of our products or services. Please note that it is our policy to terminate the products or services of clients who commit illegal acts or violate these Terms. We may terminate your product or service at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability and will take legal action if needed.
If you use our products or services, you agree that we are allowed to use the product or service that we created for you as an example of our work in any advertisements and throughout our website.
Even after your product or services are terminated, you will be responsible for any damages that result from your actions.
You will be charged monthly from us for use of our products or services. The monthly fee is subject to change. If we change the monthly fee, we would let you know through email, at least 30 days in advance. Please make sure that you have a valid email address associated with your account at all times. You can cancel your account with us at any time. If you cancel and you've already made a payment, your account will stay active for 30 days beyond the date of that payment. You account becomes inactive 30 days from the last payment once you cancel or it could become inactive and cancelled by us at any time, if you are late on your payments or break any of the terms. After your account becomes inactive, we may permanently delete the files from your product or services from our servers.
The following subjects are prohibited on any of our products: anything that is derogatory towards someone else, anything that is illegal, anything that promotes violence or racism, anything that exploits people in a sexual or violent manner including child pornography, adult pornography, nudity, animal abuse, solicitations for personal information with an intent to commit fraud, images that infringe on someone else's copyrights or trademarks, spam, photos of people with whom you do not have consent to use their photos, harassment, defamation, promotions for items that are false or misleading, anything that is linked to junk mail or computer viruses, and anything soliciting passwords from others. We are not responsible for any content that you post on our products or services that violate these terms, you are fully responsible and will be solely responsible for any damages that may result. We may pursue litigation against you as well.
Our products or services may not be used in any illegal activities.
If you use an image or other content on any of our products or services, you are certifying that the image or content belongs to you and is not infringing on someone else's copyright. You are also certifying that your image or content does not violate anyone's privacy rights, publicity rights, contract rights, intellectual property rights, or human rights. We are not responsible if you infringe on others' rights, you are solely responsible and will be responsible for any litigation that may arise.
We are not responsible for what's in the Content or images that you use on products or services and we are under no obligation to modify or remove any inappropriate Content. Please email support@visualcove.com with the subject "report inappropriate content" to let us know if you find any Content or images that are on any of our products or services offensive. Please include in your email a direct link to the product in question.
If you stop using our Products or Services your Content may still be available on the internet. We cannot control how public information is shared on the internet.
We can investigate and take appropriate legal action against anyone we think is violating the Terms.
You shouldn't do anything that disrupts our site, products, or services or the way that they function.
Prohibited activities include: forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site, our products, or our Services to send altered, deceptive, or false source-identifying information; using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interfering with the access of any User, host or network to the Site;m aking any automated use of the system, such as, but not limited to, using scripts to send images or videos; interfering with, disrupting, or creating an undue burden on Visual Cove's Services or the networks or services connected to our Services; impersonating or attempting to impersonate another client, person or entity; selling or otherwise transferring your product or services with us; using any information obtained from our products or Services in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures; collecting or storing personal data about users of our products or services without their express permission, including collecting usernames, User I.D. numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; scraping the Site by the use of crawlers, bots or other automated mechanisms. Finally (though this should go without saying), using the Site in a manner that violates any laws.
These Terms and the Privacy Policy are subject to change.
These Terms are governed by, and interpreted in keeping with, the laws of the State of Florida, regardless of any conflict of law provisions. You and Visual Cove and/or CraigUpload.com, LLC agree to submit to the exclusive jurisdiction of the courts located within the State of Florida to resolve any dispute arising out of the Agreement or our Products or Services. YOU AND VISUAL COVE AND/OR CRAIGUPLOAD.COM, LLC HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You use our products and services at your own risk and the products and services are provided "AS IS."
We're not saying that the product or services will meet any of your specific needs or that you'll get any particular results if you use the product or services.
We encourage you to always keep backups of your Content. We are not responsible if any of your Content is deleted, or if any modification, suspension, or discontinuation of the products or services causes you to lose any Content.
While we make an effort to keep your products and services up and running at all times, we're also not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
Limitation on Liability. IN NO EVENT SHALL VISUAL COVE OR CRAIGUPLOAD, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OUR PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PRODUCTS OR SERVICES PROVIDED DURING THE TERM OF USE.
Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Visual Cove and/or CraigUpload, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Products and Services in violation of that and/or arising from any Content that you post on or through our Products and Services.
Some Obligations Continue Even After You've Gone. Even if you cancel your use of our products or services or we terminate your use of our products or services, you will still be responsible for indemnifying us for breaches that took place while you used our Products and our Services. Obligations you owed to us which by their nature are intended to survive closing or termination will survive.
VisualCove.com is owned and operated by CraigUpload.com, LLC.