Syrious Games — Terms of Service

Your Relationship with Visual Systems
1. Your use of Visual Systems' products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Visual Systems under a separate written agreement) is subject to the terms of a legal agreement between you and Visual Systems. "Visual Systems" means Visual Systems Corporation, a Minnesota Corporation principal place of business is in Minneapolis, MN, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
2. Unless otherwise agreed in writing with Visual Systems, your agreement with Visual Systems will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "General Terms".
3. Your agreement with Visual Systems will also include the terms of any Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
4. The General Terms, together with the Additional Terms, form a legally binding agreement between you and Visual Systems in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
5. If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2. You can accept the Terms by:
  1. clicking to accept or agree to the Terms, where this option is made available to you by Visual Systems in the user interface for any Service; or
  2. by actually using the Services. In this case, you understand and agree that Visual Systems will treat your use of the Services as acceptance of the Terms from that point onwards.
3. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Visual Systems, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
4. Before you continue, you should print off or save a local copy of the General Terms for your records.
Language of the Terms
1. Where Visual Systems has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Visual Systems.
2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of the Services by Visual Systems
1. Visual Systems may have subsidiaries and affiliated legal entities ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Visual Systems itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
2. Visual Systems is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Visual Systems provides may change from time to time without prior notice to you.
3. As part of this continuing innovation, you acknowledge and agree that Visual Systems may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Visual Systems' sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Visual Systems when you stop using the Services.
4. You acknowledge and agree that if Visual Systems disables access to your account, you may be prevented from accessing the Services, your account details, Virtual Items, or any other content which are contained in your account.
Use of the Services by You
1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Visual Systems will always be accurate, correct and up to date.
2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Visual Systems, unless you have been specifically allowed to do so in a separate agreement with Visual Systems. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5. Unless you have been specifically permitted to do so in a separate agreement with Visual Systems, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6. You agree that you are solely responsible for (and that Visual Systems has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Visual Systems may suffer) of any such breach.
7. The service may allow you to create an account and/or use a third-party authentication mechanism (e.g., Google sign-in) to access your account (referred to as the "Account"). If you use a third-party authentication mechanism, you agree to comply with the third-party's terms of service/use as well as these Terms of Service.
8. You agree not to create an account or use third-party or access the Service if you are under the age of 13.
9. You agree to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument by minors.
10. You agree not to have more than one Account at any given time for any given Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself.
11. You agree not to have an Account or use any Service if you have previously been removed by Visual Systems or previously been banned from any Visual Systems Service.
12. You agree to use your Account only for non-commercial purposes.
13. You agree not to use your Account to engage in any illegal conduct.
14. You agree not to use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
15. You agree not to use your Account to transmit any commercial advertisements, chain letters, junk e-mail, or repeated messages to anyone.
16. You agree not to sublicense, rent, lease, sell, trade, gift or otherwise transfer your Account or any digital goods acquired from the Services ("Virtual Items") associated with your Account to anyone. In kind, you agree not access or use an Account or Virtual Items that have been received from the original Account creator.
17. You agree Virtual Items in the game are not property and have no monetary or actual value.
Rules of Conduct
1. As a condition of your use of the Services, and without limiting any other obligations under these Terms of Service, you agree to comply with the limitations and rules of use set forth in this section as well as any additional restrictions or rules (such as application-specific rules) set forth. Any use of the services in violation of these Rules of Conduct is prohibited, can result in the immediate revocation of your limited License from Visual Systems, suspension of your Account, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any Visual Systems Service is a violation of these Terms of Service and may be a violation of criminal and civil laws.
2. Illegal Content: You agree that you will not transmit, make available or otherwise promote or support, under any circumstances:
  1. any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
  2. any abusive, offensive, or defamatory screen names and/or avatars;
  3. any Content that promotes any illegal activity;
  4. any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
  5. any unsolicited or unauthorized advertising, promotional content, or any other form of solicitation;
  6. any spyware, passive collection mechanism or any other code or Content that acts as a passive or active information collection or transmission mechanism;
  7. cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Services or any part thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Services; or
  8. unreleased Service content (such as Virtual Items), areas that have been unlocked by hacking, or data not available through normal operation or game play on any part of the Services.
3. Illegal Activity: You agree that you will not, under any circumstances:
  1. organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate and defraud or mislead Visual Systems or other users or otherwise engage in any suspicious activity;
  2. promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or Virtual Items;
  3. interfere with, disrupt or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
  4. upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Services;
  5. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  6. create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
  7. cheat or use, develop or distribute automation software programs ("bots"), macro software programs or other cheat utility software program or applications which are designed to modify the experience to the detriment of fair play;
  8. intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
  9. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law;
  10. abuse or exploit bugs, undocumented features, design errors or problems in the game;
  11. sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone; or
  12. use the Services to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose.
4. These Rules of Conduct are not meant to be exhaustive, and Visual Systems reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action — up to and including termination of User Account and exclusion from further participation in the Services.
Fees and Purchase Terms
1. Certain areas of the Site and the Services may charge fees to purchase a license to access and acquire certain Virtual Items or participate in activities on the Site or other platforms. When you license Virtual Items by visiting the purchase page in one of our Services, you are re-affirming your agreement to these Terms. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT VISUAL SYSTEMS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED OR SUSPENDED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
2. Visual Systems may modify, amend, or supplement its fee and billing methods, and post those changes in these Terms of Service or elsewhere on the Site. Such modifications, amendments or supplements shall be effective immediately upon posting on the site. If any change is unacceptable to you, you may discontinue use of your account at any time. Continued use of your Account constitutes your continuing agreement to these Terms of Service.
Deactivation/Termination of Your Registration or Use
1. Visual Systems and you each have the right to terminate or cancel any of your Accounts, at any time for any reason. You understand and agree that cancellation of your Account and/or ceasing use of any and all Services is your sole right and remedy with respect to any dispute with Visual Systems.
2. If you violate these Terms of Service, Visual Systems may issue you a warning regarding the violation, or, in Visual Systems sole discretion, immediately block or terminate any and all Accounts and/or cancel access to the Services. You acknowledge that Visual Systems is not required to provide you with any notice or warning prior to any such cancellation.
Your Passwords and Account Security
1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
2. Accordingly, you agree that you will be solely responsible to Visual Systems for all activities that occur under your account.
3. If you become aware of any unauthorized use of your password or of your account, you agree to notify Visual Systems immediately at accounts@vscorp.com.
4. Visual Systems reserves the right to remove or reclaim any Account at any time and for any reason, including but not limited to claims by a third party that an Account violates such third party’s rights.
Privacy and Your Personal Information
1. For information about Visual Systems' data protection practices, please read Visual Systems' privacy policy. This policy explains how Visual Systems treats your personal information, and protects your privacy, when you use the Services.
2. You agree to the use of your data in accordance with Visual Systems' privacy policies.
Content in the Services
1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Visual Systems (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Visual Systems or by the owners of that Content, in a separate agreement.
3. Visual Systems reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Visual Systems may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
5. You agree that you are solely responsible for (and that Visual Systems has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Visual Systems may suffer) by doing so.
Proprietary Rights
1. You acknowledge and agree that Visual Systems (or Visual Systems' licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Visual Systems and that you shall not disclose such information without Visual Systems' prior written consent.
2. Unless you have agreed otherwise in writing with Visual Systems, nothing in the Terms gives you a right to use any of Visual Systems' trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
3. If you have been given an explicit right to use any of these brand features in a separate written agreement with Visual Systems, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Visual Systems's brand feature use guidelines as updated from time to time.
4. Other than the limited license set forth in the section entitled "Content License from You", Visual Systems acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Visual Systems, you agree that you are responsible for protecting and enforcing those rights and that Visual Systems has no obligation to do so on your behalf.
5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
6. Unless you have been expressly authorized to do so in writing by Visual Systems, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Visual Systems
1. Visual Systems gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Visual Systems as part of the Services as provided to you by Visual Systems (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Visual Systems, in the manner permitted by the Terms.
2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Visual Systems, in writing.
3. Unless Visual Systems has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Content License from You
1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Visual Systems a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Visual Systems to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
2. You agree that this license includes a right for Visual Systems to make such Content available to other companies, organizations or individuals with whom Visual Systems has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
3. You understand that Visual Systems, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Visual Systems to take these actions.
4. You confirm and warrant to Visual Systems that you have all the rights, power and authority necessary to grant the above license.
Software Updates
1. The Software which you use may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Visual Systems to deliver these to you) as part of your use of the Services.
Ending Your Relationship with Visual Systems
1. The Terms will continue to apply until terminated by either you or Visual Systems as set out below.
2. If you want to terminate your legal agreement with Visual Systems, you may do so by (a) notifying Visual Systems at any time and (b) closing your accounts for all of the Services which you use, where Visual Systems has made this option available to you. Your notice should be sent, in writing, to Visual Systems' address which is set out at the beginning of these Terms.
3. Visual Systems may at any time, terminate its legal agreement with you if:
  1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  2. Visual Systems is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  3. the partner with whom Visual Systems offered the Services to you has terminated its relationship with Visual Systems or ceased to offer the Services to you; or
  4. Visual Systems is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
  5. the provision of the Services to you by Visual Systems is, in Visual Systems' opinion, no longer commercially viable.
4. Nothing in this Section shall affect Visual Systems' rights regarding provision of Services under the section entitled "Provision of the Services by Visual Systems" of the Terms.
5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Visual Systems have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the paragraph entitled "Governing Law" shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
1. NOTHING IN THESE TERMS, INCLUDING THIS SECTION AND THE SECTION ENTITLED "LIMITATION OF LIABILITY", SHALL EXCLUDE OR LIMIT VISUAL SYSTEMS' WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
3. IN PARTICULAR, VISUAL SYSTEMS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VISUAL SYSTEMS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6. VISUAL SYSTEMS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
1. SUBJECT TO OVERALL PROVISION IN THE FIRST PARAGRAPH OF THE SECTION ENTITLED "EXCLUSION OF WARRANTIES" ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VISUAL SYSTEMS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
  1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
    2. ANY CHANGES WHICH VISUAL SYSTEMS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
    4. YOUR FAILURE TO PROVIDE VISUAL SYSTEMS WITH ACCURATE ACCOUNT INFORMATION;
    5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
2. THE LIMITATIONS ON VISUAL SYSTEMS' LIABILITY TO YOU DESCRIBED IN THE PRECEDING PARAGRAPH SHALL APPLY WHETHER OR NOT VISUAL SYSTEMS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and Trade Mark Policies
1. It is Visual Systems' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.
Advertisements
1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
2. The manner, mode and extent of advertising by Visual Systems on the Services are subject to change without specific notice to you.
3. In consideration for Visual Systems granting you access to and use of the Services, you agree that Visual Systems may place such advertising on the Services.
Other Content
1. The Services may include hyperlinks to other web sites or content or resources. Visual Systems may have no control over any web sites or resources which are provided by companies or persons other than Visual Systems.
2. You acknowledge and agree that Visual Systems is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
3. You acknowledge and agree that Visual Systems is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
1. Visual Systems may make changes to the General Terms or Additional Terms from time to time. When these changes are made, Visual Systems will make a new copy of the General Terms available at /index.php/terms-of-service and any new Additional Terms will be made available to you from within, or through, the affected Services.
2. You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, Visual Systems will treat your use as acceptance of the updated General Terms or Additional Terms.
General Legal Terms
1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
2. The Terms constitute the whole legal agreement between you and Visual Systems and govern your use of the Services (but excluding any services which Visual Systems may provide to you under a separate written agreement), and completely replace any prior agreements between you and Visual Systems in relation to the Services.
3. You agree that Visual Systems may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
4. You agree that if Visual Systems does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Visual Systems has the benefit of under any applicable law), this will not be taken to be a formal waiver of Visual Systems' rights and that those rights or remedies will still be available to Visual Systems.
5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
6. You acknowledge and agree that each member of the group of companies of which Visual Systems is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
7. Governing Law. The Terms, and your relationship with Visual Systems under the Terms, shall be governed by the laws of the State of Minnesota. You and Visual Systems agree to submit to the exclusive jurisdiction of the courts located within the county of Dakota, Minnesota to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Visual Systems shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.