Visme Terms & Conditions of Use

LAST UPDATE: May 06, 2022

VISME provides presentation, design tools (the “Service”) via the Company website(s) offered from time to time at the URL www.visme.co (collectively, the “Site,” or “Sites”).  The Service is owned and operated by EASY WEBCONTENT, Inc (“Company”, “we” or “us”).

Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

1. Updates to Terms of Service; Integration . We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the Service. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications.  You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.

2. Translation. We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.

3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Service were discontinued at any time, all data would be deleted pursuant to the discontinuation process.

4. Privacy Policy. Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.

5. Age. The Service is meant for those at least thirteen (13) years of age. Use of the Service by anyone under the age of thirteen (13) is a violation of the Terms of Service. You may not use the Service if you are a competitor of the Service, or if we have previously banned you from use of the Service or closed your account.

6.1 You acknowledge that all materials on the Service, including, but not limited to, the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Company and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved by the Company.

6.2 Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders.  These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.

The license you get to use Materials does not include the right to use: trademarks, logos, or brands that appear in Materials, people’s images if they are recognizable in the Materials works of art or authorship that appears in Materials. The license does not allow the depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory, or libelous way.

If you download Materials with any of these depicted in them, you may need the permission of the owner depending on how you use the Materials. You are prohibited from downloading Materials without significant modification. You are also prohibited from false representation, expressly or by way of reasonable implication, that any Material was created by you or a person other than the copyright holder(s) of that Material

6.3 Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner.  In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the Service are the sole property of Company and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Company and/or its licensors. Company reserves the right to enforce its intellectual property rights fully under the law.

6.4 Company authorizes you to use the Service to create presentations, graphics, reports, charts and other files (“Content”).  Business and Enterprise Plans Users may create Content for both personal and commercial use (see section 8.2 herein). All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content created using the Service, distributed or accessed by you using the Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you, the Company or any other party resulting therefrom. You further warrant that you possess all rights necessary to create and use such Content and that you do not violate any third party’s rights in creating and/or distributing such Content including copyright and/or trademark rights that others may hold.

We may use your name and\or logo to identify you as a client of the Company. The company’s use of the name and logo does not create any ownership right therein and all rights not granted to Company are reserved by the right owner.

7. Third Party Sites & Services. Links provided via the Service to Third-Party websites and services are provided only as a convenience. If you use these links, you may leave the Service. Company does not control nor endorse any such Third-Party websites. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such Third-Party websites or for your use or inability to use such Third-Party websites. You will use such links at your own risk.

You are advised that other websites on the Internet, including Third-Party websites linked from the Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Third-Party website or in advertisements or content that Third-Party websites may have in the Service.

Your interactions with organizations and/or individuals and Third-Party companies found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree and acknowledge that Company shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of a Thirty-Party.

In addition we may provide Third-Party services via application programming interfaces (“APIs”), including the YouTube API Services. When using that API Client, you are agreeing to be bound by the YouTube Terms of Service which can be viewed at this link: YouTube Terms of Service. The Company does not warrant or take any responsibility or liability for any third-party API, integration, functionality, or security.

8. Use of the Service.

8.1 You may be required to establish an account to use the Service and/or take advantage of certain features. If so, you agree to

• • a. provide true, accurate, current and complete information about yourself as prompted by the Service;
  • b. as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you; and
  • c. that your account is for your personal and/or business use. You may not resell the Service. By creating an account, you agree to receive certain communications in connection with the Service.

8.2 We provide the Service in one of two ways:

• • a. Basic Plan (no cost).  If you have signed up for our Basic plan which include our Individual and Education plans, you are permitted to use the Services solely for personal use. Commercial use is not included in the Basic Plan.
  • b. Business and Enterprise Plans.  If you have signed up for our Business and Enterprise Plans, you are permitted to use the Services for both personal and commercial use.

8.3 You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.

8.4 You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with the Service.

8.5 You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, pornograhic, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other user’s use of the Service.

8.6 You may not do any of the following while accessing or using the Service:

• • a. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  • b. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • c. access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
  • d. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
  • e. disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.

8.7 You agree, without our prior consent, not to:

• • a. use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
  • b. use any robot, spider, or another automatic device, process, or means to access Service to “crawl,” “scrape,” or for any unauthorized purpose, including monitoring or copying any of the material of Service.
  • c. use any software for automated, repetitive, pre-defined tasks inside the Service.
  • d. modify, translate, adapt, reverse engineer, decompile or disassemble the Service.
  • e. use any device, software, or routine that interferes with the proper working of Service.
  • f. run or display the Service or any information or material displayed via the Service in frames or through similar means on another website or application.
  • g. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • h. take any action that may damage or falsify the Company rating.

8.8 Company makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not the Company Parties, are responsible for compliance with applicable law.

8.9 Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

8.10 Furthermore, you herein agree not to make use of the Services for:

• • a. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  • b. causing harm to minors in any manner whatsoever;
  • c. impersonating any individual or entity, including, but not limited to, any Company, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  • d. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  • e. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  • f. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  • g. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  • h. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  • i. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
  • j. interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
  • k. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  • l. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Nationality Act;
  • m. stalking or with the intent to otherwise harass another individual; and/or,
  • n. collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

9. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.

10. User Content.

10.1 “User Content” means any and all information and content that a user submits to, or uses with, the Services, including but not limited to, content in the user’s profile or postings. You may choose to enter this information manually or, where available, synchronize with a third-party website. The Company does not verify the accuracy or completeness of User Content and these may therefore be subject to errors.

10.2 You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.

10.3 You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates this Terms of Service in any way.

10.4 Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.

10.5 We may, at our discretion, pre-screen User Content submission and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.

10.6 We reserve the right, but have no obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms of Service or otherwise create liability for Us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

10.7 You understand that the Company is not liable for any third-party communications that you may receive from third parties or affiliates of the Company, in connection with your account. You are solely responsible for evaluating and verifying the identity and trustworthiness of any correspondence you receive. The Company makes no representations or warranties with regards to the accuracy, trustworthiness or identity of third-party communications.

11. Termination . You may terminate your use of the Service at any time.  You agree that Company may terminate or suspend your access to all or part of the Service, with or without notice, in our reasonable discretion, at any time.  Company reserves the right to modify or discontinue the Service (or any part thereof) with or without notice, at any time. Following the termination or cancellation of your subscription to the Service and/or your account, we reserve the right to delete all your data in the normal course of operations.

12. Representations. You expressly represent, warrant, and/or acknowledge that:

• • 12.1 Company does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any, data, products or services, found through the Service.
  • 12.2 Company does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including, data, products or services found through the Service.
  • 12.3 Company makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Service may be owned or licensed by third parties.
  • 12.4 Neither Company, or its employees or officers, are financial professionals and make no financial representations or promises regarding any Material or Content posted to the Site, by any party.
  • 12.5 Neither Company, or its employees or officers, are healthcare professionals and make no healthcare representations or promises regarding any Material or Content posted to the Site, by any party.
  • 12.6 Company is not a party to any transaction between you and any provider of products or services via the Service. Any dispute shall be resolved between yourself and the provider of such products or services or your customer.
  • 12.7 Any information, including any data, Materials, or Content on the Service, including on any Facebook, Instagram or Twitter page, are for informational purposes only.
  • 12.8 You assume all risk when using the Service, including all the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.
  • 12.9 You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.

13. Warranties, Disclaimers and Limitations of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE COMPANY SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT SOME JURISDICTIONS PROVIDE LEGAL PROTECTION AGAINST A PERSON’S IMAGE, LIKENESS OR PROPERTY, WORKS OF ART BEING USED FOR COMMERCIAL PURPOSES WHEN THEY HAVE NOT PROVIDED A RELEASE. COMPANY DOES NOT GRANT ANY RIGHT NOR MAKE ANY WARRANTY WITH REGARD TO THE USE OF NAMES, PEOPLE, TRADEMARKS, TRADE DRESS, LOGOS, REGISTERED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED THEREIN. IN SUCH CASES, YOU SHALL BE SOLELY RESPONSIBLE FOR DETERMINING WHETHER RELEASE(S) IS/ARE REQUIRED IN CONNECTION WITH ANY PROPOSED USE OF THE MATERIALS, AND SHALL BE RESPONSIBLE FOR OBTAINING SUCH RELEASE(S).

THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SERVICE OR BETWEEN A USER OF THE SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

14. Indemnification.

14.1 You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Us in the defense of any such claim, action, settlement or compromise negotiations, as requested by Us.

14.2 You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.

14.3 Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. Purchases and Payments, Fees, Chargebacks, Refund Policy, Cancellation Policy.

15.1 Once user agrees to convert to a paying customer (Premium plans) from a free version, the user agrees to pay the Service dues either on a month to month pay as you go service or a 12 month contract agreement with Visme. The first payment may be pro-rated to the upcoming billing period which occurs mid-month and will automatically renew until user has canceled account. Our Education plans are for personal use only and may not be used for Commercial purposes.

15.2 Visme will not under any circumstances issue a refund for early contract termination once the clients credit card or Paypal account is charged and/or auto-renewed. We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any customer seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

15.3 Any user who disputes a credit card payment that is found to be a valid charge, will be appealed to our processor and further the user is subject to being permanently blacklisted from the Visme and no longer will be able to use the Service.

15.4 Cancellations must be applied by the user from their login area. If user does not remember their login, it is user’s responsibility to contact Visme for assistance to login to the account to manage settings. It is user’s responsibility to cancel a service prior to next billing period if user wishes to no longer use service in the future. Refunds will not be provided or given to any account after the charge date.

15.5 Payment Processing Methods. Company may make available to you various payment processing methods to facilitate the purchase of Services. You must abide by any relevant terms and conditions or other legal agreement with third party payment processors, that governs your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other form of payment that you indicate for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Services.

15.6 You will pay and be solely responsible for all Taxes, including withholding taxes.

16. Digital Millennium Copyright Act (“DMCA”) NOTICE

16.1. The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

16.2. Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by Us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

• (i) A description of the copyrighted work or other intellectual property that you claim has been infringed;
• (ii) A description of where the material that you claim is infringing is located on the Site;
• (iii) An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Us, can contact you;
• (iv) A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• (v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
• (vi) Your electronic or physical signature.

16.3. We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). the Company’s designated Copyright Agent is:

[Name]
[Phone Number]
{email address]

NOTE TO CLIENT. Register your Designated Agent here, then remove this link.
https://www.copyright.gov/dmca-directory/

17. U.S. Export Controls. The Service may be subject to United States export controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. Miscellaneous. These Terms of Service constitute the entire agreement between Company and each user of the Service with respect to the subject matter of these Terms of Service.

• • a. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
  • b. The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
  • c. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
  • d. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
  • e. No action arising out of these Terms of Service or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
  • f. Acceptance of this Terms of Service shall bind you to this Terms of Service, and all the Services shall be performed in accordance only with the Terms of Service, to the exclusion of all other terms and conditions which you may seek to impose or incorporate.
    Any additional terms or conditions contained on any purchase order shall not be binding on Company, and no action by the Company (including the fulfillment of the Purchase Order) shall be construed as binding the Company with respect thereto.

19. Applicable Law and Venue. Your use of the Service is governed by and will be enforced under the laws of the State of Maryland without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the above stated jurisdiction. Any controversy, claim, suit, injury or damage shall be heard on an individual basis and shall not be consolidated with any controversy, claim, suit, injury or damage of any other party. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

20. Arbitration Any controversy, claim, suit, injury or damage arising from or in any way related to the Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Company in or near Montgomery County, Maryland.Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

21. Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the addresses below.

Easy WebContent, Inc. (DBA Visme)
9211 Corporate Blvd.
Rockville, MD 20850

[email protected]