These website terms and conditions apply solely to websites owned or operated by Visible Service LLC (“Visible” or “We”). IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.
We reserve the right to modify, reject or eliminate any information transmitted or residing on our website that we believe is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this website or the network infrastructure and/or data display by a person that is not the authorized user of the account is illegal and we reserve the right to take legal action.
Any text, graphics, images, video and audio files and other information (“Content”) from this site may contain other proprietary notices or describe products, services, processes or technologies owned by Visible or third parties. These terms shall not be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of Visible or any third party.
Username and Password
In order to access certain services on the site, you will be required to create a username, password and provide specific information. You are responsible for the security of your username and password and will be solely liable for any use or unauthorized use under your username and password. We may suspend or terminate your username and password at any time with or without notice.
Disclaimer of Liability
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. VISIBLE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, PRODUCT OR PROCESS DISCLOSED ON THE WEBSITE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE. IN NO EVENT SHALL VISIBLE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY.
Any Visible material on this website may include technical inaccuracies or typographical errors. THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY VISIBLE OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
Disclaimer of Endorsement
Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Visible. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
U.S. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Filing a DMCA notice alleging copyright infringement:
We respect the intellectual property rights of others! If you think someone is violating your copyrights and you want to tell us, you can by promptly notifying us in writing according to the process set out in Title II of the DMCA and explained below. All claims alleging copyright infringement should be sent to Visible's Designated Agent:
Designated Agent for DMCA Notices
1320 North Courthouse Road, Floor 9
Arlington, Virginia 22201, U.S.A.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Upon receipt of a valid DMCA notice, Visible will remove or disable access to the allegedly infringing material.
NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter–notification:
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to Visible's Designated Agent. Specific requirements for a proper counter–notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter–notification, Visible will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify Visible that it has filed a lawsuit relating to the allegedly infringing material otherwise Visible will restore the removed material or cease disabling access to it.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is Visible's policy to terminate the account of repeat copyright infringers in appropriate circumstances.
All information posted on the site is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on the site. You should check the site for such changes frequently. Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.
Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the laws of the State of Delaware.
© 2018 Visible Service LLC. All rights reserved.
Updated: January 5, 2018