Welcome to Visualping! This is a web service that helps users automating public website content monitoring for a variety of purposes (collectively, the “Services”). The Services and this web site (the “Site”) are provided by WebMonitoring Services Inc, a company registered under the laws of British Columbia and whose registered address is Suite 1900, 885 West Georgia Street, Vancouver, BC V6C 3H4 Canada.
In these Terms, the use of the words “Visualping”, “we”, “our”, and “us” refer to WebMonitoring Services Inc, a company registered under the laws of British Columbia. The words “user”, “you”, and “your” refer to entities that access and/or use the Site or the Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Site and/or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
We reserve the right to change or modify these Terms or any policy or guideline of the Site and the Services we offer at any time. We will notify registered users of changes by posting updates to http://www.visualping.io/terms. Your use of the Site and the Services will be subject to the most current version of these Terms posted on the Site at the time of your use. We recommend that you check the Site from time to time to inform yourself of any changes in these Terms or any of our other policies, and you are solely responsible for reviewing and becoming familiar with any modifications to these Terms.
1. Eligibility and Registration Data
You must be 18 years of age or older to use the Services. To use certain features of the Services, you must register for an account. By registering for an account, you represent and warrant that any information that you submit is true and accurate, that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. You further agree to (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (v) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at firstname.lastname@example.org. Use of the Services is void where prohibited.
2. Free Trial
Visualping may offer free trials for selected features of the Services. Once your free trial period ends, your ability to access some or all of the Services will terminate. Visualping reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice for any or no reason.
3. Fees and Payment; No Refunds
Visualping may now or in the future charge a fee for certain service offerings, either on a one-time or subscription basis. When you purchase a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which Visualping may change from time to time. Changes to the fee schedule are effective upon posting the changes on the Site. Visualping may choose to temporarily change the fees for services for promotional events or new services, and such changes are effective when such temporary promotional events or new services are posted on the Site. When you purchase any service that has a fee, you authorize Visualping or its third party payment processors to charge the credit card identified by you for the full amount of the applicable fees and all applicable taxes, and you represent and warrant that you are authorized to use such credit card for the purpose of purchasing such service. You further authorize Visualping to store your credit card information in the third party services used by Visualping (PayPal and Stripe). If Visualping does not receive payment from your credit card provider, you agree to pay all amounts due upon demand, and acknowledge that Visualping may suspend your access to the Services in the event such amounts are not timely paid. All sales are final, and Visualping will not issue any refunds, including refunds for prepaid monthly fees. Unless otherwise stated, all fees are quoted in U.S. Dollars.
4. Trademarks and Materials
Visualping’s designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the “Site Materials”) are all property of Visualping and are protected by intellectual property law. Use of these items is subject to these Terms and is only permitted within normal use of the Site and/or the Services. Your use of the Site and/or the Services grants you no right or license to reproduce or otherwise use any Visualping or third-party trademarks.
5. Use Restrictions; Limited License
You may access and use the Site and/or the Services only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations.
You are granted a limited, non-sublicensable license to access our Site and use the Services, and electronically view, copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your personal, informational, internal, commercial and non-commercial use only. You shall not: (i) resell the Services or the Site Materials (or any portion thereof), unless expressly authorized in writing by Visualping; (ii) distribute, publicly perform or publicly display any Site Materials (or any portion thereof); (iii) modify or otherwise make any derivative uses of the Site, the Services or the Site Materials (or any portion thereof); (iv) use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor or copy any Site Materials or other content or information used by the Site or the Services; (v) violate the restrictions in any robot exclusion headers on the Site or the Services or bypass or circumvent other measures used to prevent or limit access to the Site or the Services; (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose, unless expressly authorized in writing by Visualping; (viii) “frame”, “mirror” or otherwise incorporate any part of the Site or the Services into any other web site, unless expressly authorized in writing by Visualping; or (ix) use the Site, the Services or the Site Materials other than for their intended purpose and as expressly permitted by these Terms.
Any use of the Site, the Services or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to revoke your authorization to access or use the Site and the Services if we believe in good faith that you have violated these Terms or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time.
6. User Content
The Site may now or in the future allow users to select, input, upload and/or share information and data in connection with the Services and allows you or other users to post, link, store and/or otherwise make available a wide variety of information, text and/or other materials to the user or others in connection with the use of the Services or otherwise (collectively, “User Content”). You are solely responsible for your use of any User Content and use such User Content at your own risk. By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant Visualping the license for the User Content described below and that your use and posting of such User Content does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party. By selecting and/or posting any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent or otherwise objectionable (as determined in our sole discretion);
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information;
- User Content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Services, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- User Content that is spam, is machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
- User Content that in any way refers to or depicts persons under 18 years of age;
- User content that attempts to disrupt the Site or Services.
We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, User Content or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever on any area of the Site or through the Services. Although we have no obligation to screen, edit or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere on the Site or through the Services, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and Advertiser and Corporate Partner Content posted or stored on the Site or through the Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or through the Services, at your sole cost and expense.
We do not own the User Content you post on or otherwise select or submit to the Site, but in posting and/or otherwise submitting User Content to the Site and/or using the Services, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and any information, data or other material generated through the use of the Services on or in any and all media (now known or hereafter developed). You also hereby grant each user of the Site and/or the Services a non-exclusive license to access your User Content and any information, data or other material generated through the use of the Site and/or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content and information, data or other material generated through the use of the Site, the Services and under these Terms.
7. Third Party Links
8. Modifications to the Services
The Services that Visualping provides are always evolving and the form and nature of the Services that Visualping provides may change from time to time without prior notice to you. In addition, Visualping may stop (permanently or temporarily) providing the Site and/or the Services (or any features within the Site and/or the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on your use and storage of User Content at our sole discretion at any time without prior notice to you.
9. Term and Termination
Your account will remain in effect until the earlier of your cancellation or our termination of your account in accordance with these Terms. To cancel your account, please email us at email@example.com. Notwithstanding anything to the contrary herein, we have the right, without notice and in our sole discretion, to terminate your license to use the Site and/or the Services, and to block or prevent your future access to and use of the Site and/or the Services.
10. Advertisements and Promotions
We may now or in the future allow advertisers and corporate partners to post content on the Site and within our Services and provide links to sites and content of third parties (collectively the “Advertiser and Corporate Partner Content”) as a service to those interested in this information. These advertisements may be targeted to users based on information provided while registering for an account, through use of the Site or the Services, through queries made through the Services or based other information. We do not control, endorse or adopt any Advertiser and Corporate Partner Content and we make no representation or warranties of any kind regarding the Advertiser and Corporate Partner Content. The types and extent of advertising by Visualping on the Site or in connection with the Services are subject to change. Visualping may use data and information received or generated through your use of the Services to identify other potential users of the Services, demonstrate the capabilities of the Services and/or pursue additional marketing and promotional activities.
You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Visualping, its affiliates, subsidiaries, successors and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Services and/or the Site Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your violation of the rights of any third party; and (v) any User Content posted by you.
13. Disclaimer of Warranties
THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE, THE SERVICES AND THE SITE MATERIALS ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. VISUALPING AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VISUALPING AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT. VISUALPING AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT. YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. VISUALPING DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. VISUALPING DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST VISUALPING, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
14. Limitation of Liability
VISUALPING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL VISUALPING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT;
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY VISUALPING OR ITS USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VISUALPING IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL VISUALPING’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
15. Copyright Infringement and Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site and the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site and the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site and the Services for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.
If you believe that anything on our site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Mark Wong.
Full address of Designated Agent to which notification should be sent: WebMonitoring Technologies Inc. ℅ Koffman Kalef Business Lawyers, Suite 1900, 885 West Georgia Street, Vancouver BC V6C 3H4, Canada.
Telephone Number of Designated Agent: +1-604 891 3607
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
17. Consent to Electronic Communications
By accessing the Site and/or using the Services, you consent to receiving electronic communications from us. Such communications may include notices about your account and information concerning or relating to the Services. You agree that any electronic notices, agreements, disclosures or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.
18. Applicable Law and Venue
These Terms and your use of the Site and/or the Services will be governed by and construed in accordance with the laws of the province of British Columbia, applicable to agreements made and to be entirely performed within the British Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site and/or the Services will be filed only in the state and federal courts located in British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and/or your use of the Site and/or the Services.
19. Entire Agreement
These Terms, including all Policies, constitute the entire agreement between Visualping and you concerning the Site and the Services. These Terms supersede any and all prior agreements or communications between Visualping and you concerning the subject matter of these Terms.
Questions & Contact Information
Questions, comments and any other correspondence regarding our site may be directed to us at the email address firstname.lastname@example.org.
Last Updated: April 3, 2015.