Terms of use
Terms of use
Terms of use
21 Jul 2021
Welcome to Viewst.com, the website and online service of Viewst Inc. (“Viewst”, “we”, or “us”). This page explains the terms by which you may use our online service, website, and software provided or in connection with the service (collectively the “Service”). By accessing or using the service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Viewst Privacy Policy, whether or not you are registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”). This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto: Privacy Policy
Here are the terms that you agree to when using Viewst.
Please, read this agreement carefully to ensure that you understand each provision.
1. Use of Viewst Service
Viewst service in a snapshot. Viewst operates an online design platform and media licensing service that empowers our users, members, marketers, designers, business owners and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the service only if you can form a binding contract with Viewst, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by another under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Viewst. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the Viewst Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Viewst reserves all rights not expressly granted herein in the Service and the Viewst Content (as defined below). Viewst may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or pronts.
2. Viewst Accounts
Your Viewst account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Viewst account on behalf of a company, organization, or other entity, then (a) ”you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you are agree to this Agreement on the entity’s behalf. By connecting to Viewst with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (password that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. Viewst will not be liable for any losses caused by any unauthorized use of your account.
Certain portions of the Service, such as Viewst Business, may allow you to create group accounts (“Teams”). Access to a Team will be made available only to those Users who are authorized by the creator or Admin of the Team (“Super Admin” or “Team Owner”). The Team Owner will be responsible for adding Users to the Team, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Viewst your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Viewst usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, sought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
3. Service Rules
3.1 General
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitations “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more request messages to the Viewst servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with the person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Viewst Content (as defined below), including any Viewst trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Viewst Content; (xiv) using the Service or any Viewst Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Viewst trademark or any variant thereof including misspelling as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using without our prior written consent, any word or mark, which is similar to or likely to be confused with Viewst trademarks; (xvii) copying, imitating, or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Viewst; (xviii) using any Viewst Content to link to the Viewst website without prior written consent of Viewst; (xiv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Viewst.
Accessing the audiovisual content available on the Service for any purpose or any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Viewst Service to a User’s device in such a manner that the data is intended for real-time viewing and not included to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Viewst prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Viewst may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Viewst in each instance.
You are solely responsible for your interactions with other Viewst Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Viewst shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3.2 Anti-discrimination
Viewst doesn’t support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote, or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
4. User Content
4.1 General
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints, or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Team, the Team Owner will own – and being entirely responsible for – all such User Content.
4.2 Uploading and Publishing User Content to Viewst
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk or any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute to contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent,, or that which provokes violence or hostility, profane, , or otherwise objectionable; (vi) contains any information that discriminates others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that that you know is correct and current. You agree that any User Content does not and will not violate third-party rights or any kind, including, without limitations, any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Viewst reserves the right, but is not obligated, to reject and/or remove any User Content that Viewst believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute user content under a Team, the Team Owner will own- and be entirely responsible for- all such User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection of your User Content, you affirm, represent and warrant the following:
(a) Your User Content and Viewst’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including, but not limited to any Intellectual Property Rights and privacy and publicity rights.
(b) Viewst may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
(c) There is no suite action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
(d) If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, cliparts, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Viewst, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Viewst for the purposes set forth herein.
(e) You User Content is neither obscene, defamatory, or otherwise objectionable.
(f) To the best of your knowledge, all your User Content and other information that you provide to Viewst is faithful and accurate.
(g) You will not transmitted unsolicited emails or engage in spamming to publicize or promote your relationship with Viewst.
(h) If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
(i) You will not engage in pay per click advertising using words which compete with Viewst’s own campaigns in order to promote your relationship with Viewst nor will you use or engage a third party on your behalf to use Viewst in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Viewst shall send you written notice of such claim, using the email address provided by you to Viewst, specifying the details of the claim as then known to Viewst. Pending the determination of such claim, Viewst may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonable related to the probable value of the claim as determined by Viewst.
Viewst takes no responsibility and assumes no liability for any User Content that you or any other User, or third-party posts, publishes or prints over, or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you might be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Viewst shall not be liable for any damages you allege to incur as a result of User Content or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful, or otherwise in breach of these terms, you agree that Viewst may disclose such User Content to law enforcement or other government authorities.
5. User Content License Grant
By publishing any designs containing User Content using the Service, you expressly grant, that you represent and warrant that you have all rights necessary to grant to Viewst a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Viewst’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
6. Viewst Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitations, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and all Intellectual Property Rights related thereto, are the exclusive property of Viewst and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivate works from any Viewst Content. Use of the Viewst Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. Stock Media Licenses
7.1 General
The Service provides certain functionality that allows you to create visual designs (“Viewst Designs”). Viewst Designs can be downloaded/exported from the Service in a range of formats, including without limitation PDF, JPEG, HTML, MP4, or GIF (“Export”, “Exports”, “Exported”, “Exporting”). You may create Viewst Designs using only your own User Content, you may choose to incorporate Stock Media into your Viewst Design. You may export Viewst Design comprised solely of your own User Content at no cost. However, you may only Export a Viewst Design comprised in whole or in part of any Stock Media in accordance with the terms of one of the licenses contained in this section.
7.2 License Types
In order to Export any Stock Media from the Service, you must license the Stock Media under one of the licenses provided below. By Exporting any Stock Media from the Service, you hereby agree to be bound by any applicable terms and pay all applicable fees. If you license the Stock Media as a Team Owner, the licenses granted by the licenses provided below will be granted to you and the applicable Team, for use by you and other Users who have been authorized under the Team, solely in connection with the Team. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Stock Media pursuant to any license provided by Viewst.
8. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or Viewst products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Viewst under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Viewst does not waive any rights to use similar or related ideas previously known to Viewst, or developed by its employees, or obtained from sources other than you.
9. Paid Services
9.1 Billing Policies
Certain aspects of the Service may be provided for a fee or other charges. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Viewst may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion.
9.2 No Refunds
You may cancel your Viewst account at any time; however there are no refunds for cancellation. In the event that Viewst suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account or for anything else.
9.3 Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or any monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interaction.
10. Viewst Property
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“Viewst Property”). You understand and agree that regardless of terminology used, Viewst Property represents a limited license governed solely by the terms of this Agreement and available for distribution at Viewst’s sole discretion. Viewst Property is not redeemable for any sum of money or monetary value from Viewst at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Viewst on Viewst’s servers, including without limitation, any data representing or embodying any or all of your Viewst Property. You agree that Viewst has the absolute right to manage, regulate, control, modify, and/or eliminate Viewst Property as it sees fit in its sole discretion, in any general or specific case, and that Viewst will have no liability to you based on its exercise of such right. All data on Viewst’s servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Viewsts’s servers, may be deleted, altered, moved or transferred at any time for any reason in Viewst’s sole discretion, with or without notice and with no liability of any kind. Viewst does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Viewst’s servers.
11. Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.
12. Security
Viewst cares about the integrity and security of your personal information. However, we can not guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DMCA Notice
Since we respect artists and content owner rights, it is Viewst’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please, notify Viewst’s copyright agent as set forth in DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of copyright owner;
2. Identification of copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonable sufficient to permit Viewst to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner, or is authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Viewst Inc.
Address: 541 Jefferson Ave., Suite 100,
Redwood City, 94063, CA
USA
Email: hello@viewst.com
Under Federal Law if you knowingly misrepresent that online material in infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
In accordance with the DMCA and other applicable law, Viewst has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Viewst may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by Viewst.
Viewst does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the service, you do so at your own risk, and you understand that this Agreement and Viewst’s Privacy Policy do not apply to your use of such sites. You expressly relieve Viewst from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Viewst shall not be responsible for any loss or damage of any sort, relating to your dealings with such advertisers.
15. Indemnity
You agree to defend, indemnify and hold harmless Viewst and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv)your violation of any applicable law, rule or regulation; (v) any claim of damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
16. No Warranty
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Viewst, its subsidiaries and its licensors, do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you’ll be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service.
Viewst does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through the Viewst service or other hyperlinked website or service, and Viewst will not be a party to or in any way monitor any transaction between you and third party providers of products or services.
17. Limitation of Liability
The maximum extent permitted by applicable law, in no event shall Viewst, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss or profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Viewst be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
The maximum extent permitted by applicable law, Viewst assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure service and/or any or all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or any defamatory, offensive, or illegal conduct of any third party. In no event shall Viewst, its subsidiaries, affiliates, agents, directors, employees, suppliers or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Viewst hereunder or $100.00 whichever is greater.
No action, regardless of form or nature, arising out of this Agreement may be brought by or on behalf of you more than one year after the cause of action first arouse.
Notwithstanding anything to the contrary contained herein, Viewst shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability sections applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Viewst has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights and you may also have other rights which very from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the United States. Viewst makes no representations that the Service is appropriate or available for use in other locations. Those who excess or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident or a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies or other entities, located in the United States.
18. Governing Law
You agree that (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Viewst, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts, located in San Mateo County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you are a consumer, this Agreement does not exclude any rights you may have under the national consumer laws of your jurisdiction.
19. Arbitration
For any dispute with Viewst, you agree to first contact us at hello@viewst.com and attempt to resolve the dispute with us informally. In the unlike event that Viewst has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute or controversy (excluding any Viewst claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association ( “AAA” ) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, then in effect for the AAA, except as provided herein. The arbitration will be conducted in San Mateo County, California, unless you and Viewst agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees, and reasonable cots for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of the party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that by entering into this Agreement, you and Viewst are each waiving the right to a trial by jury or to participate in a class action.
20. General
20.1 Assignment.
This agreement and any rights and licenses granted hereunder, may not be transferred by you, by may be assigned by Viewst without restrictions. Any attempted transfer or assignment in violation hereof shall be null and void.
20.2 Notification Procedures and changes to the Agreement.
Viewst may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Viewst in our sole discretion. Viewst reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Viewst is not responsible for any automatic filtering you or your network provider may apply to email notifications we sent to the email address you provide us. Viewst may, at its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
20.3 Entire Agreement/Severability.
This Agreement, together with
At , any amendments and any additional agreements you may enter into with Viewst in connection with the Service, shall constitute the entire agreement between you and Viewst concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remail in full force and effect.
20.4. No Waiver.
No waiver of any term of this Agreement shall be deemed a further of continuing waiver of such term of any other term, and Viewst’s failure to assert any right or provision under this Agreenment shall not constitute a waiver of such right or provision.
20.5 Contact.
Please contact us at hello@viewst.com with any questions regarding this Agreement.
21 Jul 2021
Welcome to Viewst.com, the website and online service of Viewst Inc. (“Viewst”, “we”, or “us”). This page explains the terms by which you may use our online service, website, and software provided or in connection with the service (collectively the “Service”). By accessing or using the service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Viewst Privacy Policy, whether or not you are registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”). This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto: Privacy Policy
Here are the terms that you agree to when using Viewst.
Please, read this agreement carefully to ensure that you understand each provision.
1. Use of Viewst Service
Viewst service in a snapshot. Viewst operates an online design platform and media licensing service that empowers our users, members, marketers, designers, business owners and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the service only if you can form a binding contract with Viewst, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by another under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Viewst. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the Viewst Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Viewst reserves all rights not expressly granted herein in the Service and the Viewst Content (as defined below). Viewst may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or pronts.
2. Viewst Accounts
Your Viewst account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Viewst account on behalf of a company, organization, or other entity, then (a) ”you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you are agree to this Agreement on the entity’s behalf. By connecting to Viewst with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (password that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. Viewst will not be liable for any losses caused by any unauthorized use of your account.
Certain portions of the Service, such as Viewst Business, may allow you to create group accounts (“Teams”). Access to a Team will be made available only to those Users who are authorized by the creator or Admin of the Team (“Super Admin” or “Team Owner”). The Team Owner will be responsible for adding Users to the Team, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Viewst your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Viewst usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, sought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
3. Service Rules
3.1 General
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitations “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more request messages to the Viewst servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with the person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Viewst Content (as defined below), including any Viewst trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Viewst Content; (xiv) using the Service or any Viewst Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Viewst trademark or any variant thereof including misspelling as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using without our prior written consent, any word or mark, which is similar to or likely to be confused with Viewst trademarks; (xvii) copying, imitating, or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Viewst; (xviii) using any Viewst Content to link to the Viewst website without prior written consent of Viewst; (xiv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Viewst.
Accessing the audiovisual content available on the Service for any purpose or any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Viewst Service to a User’s device in such a manner that the data is intended for real-time viewing and not included to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Viewst prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Viewst may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Viewst in each instance.
You are solely responsible for your interactions with other Viewst Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Viewst shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3.2 Anti-discrimination
Viewst doesn’t support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote, or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
4. User Content
4.1 General
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints, or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Team, the Team Owner will own – and being entirely responsible for – all such User Content.
4.2 Uploading and Publishing User Content to Viewst
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk or any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute to contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent,, or that which provokes violence or hostility, profane, , or otherwise objectionable; (vi) contains any information that discriminates others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that that you know is correct and current. You agree that any User Content does not and will not violate third-party rights or any kind, including, without limitations, any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Viewst reserves the right, but is not obligated, to reject and/or remove any User Content that Viewst believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute user content under a Team, the Team Owner will own- and be entirely responsible for- all such User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection of your User Content, you affirm, represent and warrant the following:
(a) Your User Content and Viewst’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including, but not limited to any Intellectual Property Rights and privacy and publicity rights.
(b) Viewst may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
(c) There is no suite action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
(d) If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, cliparts, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Viewst, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Viewst for the purposes set forth herein.
(e) You User Content is neither obscene, defamatory, or otherwise objectionable.
(f) To the best of your knowledge, all your User Content and other information that you provide to Viewst is faithful and accurate.
(g) You will not transmitted unsolicited emails or engage in spamming to publicize or promote your relationship with Viewst.
(h) If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
(i) You will not engage in pay per click advertising using words which compete with Viewst’s own campaigns in order to promote your relationship with Viewst nor will you use or engage a third party on your behalf to use Viewst in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Viewst shall send you written notice of such claim, using the email address provided by you to Viewst, specifying the details of the claim as then known to Viewst. Pending the determination of such claim, Viewst may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonable related to the probable value of the claim as determined by Viewst.
Viewst takes no responsibility and assumes no liability for any User Content that you or any other User, or third-party posts, publishes or prints over, or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you might be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Viewst shall not be liable for any damages you allege to incur as a result of User Content or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful, or otherwise in breach of these terms, you agree that Viewst may disclose such User Content to law enforcement or other government authorities.
5. User Content License Grant
By publishing any designs containing User Content using the Service, you expressly grant, that you represent and warrant that you have all rights necessary to grant to Viewst a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Viewst’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
6. Viewst Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitations, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and all Intellectual Property Rights related thereto, are the exclusive property of Viewst and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivate works from any Viewst Content. Use of the Viewst Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. Stock Media Licenses
7.1 General
The Service provides certain functionality that allows you to create visual designs (“Viewst Designs”). Viewst Designs can be downloaded/exported from the Service in a range of formats, including without limitation PDF, JPEG, HTML, MP4, or GIF (“Export”, “Exports”, “Exported”, “Exporting”). You may create Viewst Designs using only your own User Content, you may choose to incorporate Stock Media into your Viewst Design. You may export Viewst Design comprised solely of your own User Content at no cost. However, you may only Export a Viewst Design comprised in whole or in part of any Stock Media in accordance with the terms of one of the licenses contained in this section.
7.2 License Types
In order to Export any Stock Media from the Service, you must license the Stock Media under one of the licenses provided below. By Exporting any Stock Media from the Service, you hereby agree to be bound by any applicable terms and pay all applicable fees. If you license the Stock Media as a Team Owner, the licenses granted by the licenses provided below will be granted to you and the applicable Team, for use by you and other Users who have been authorized under the Team, solely in connection with the Team. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Stock Media pursuant to any license provided by Viewst.
8. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or Viewst products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Viewst under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Viewst does not waive any rights to use similar or related ideas previously known to Viewst, or developed by its employees, or obtained from sources other than you.
9. Paid Services
9.1 Billing Policies
Certain aspects of the Service may be provided for a fee or other charges. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Viewst may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion.
9.2 No Refunds
You may cancel your Viewst account at any time; however there are no refunds for cancellation. In the event that Viewst suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account or for anything else.
9.3 Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or any monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interaction.
10. Viewst Property
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“Viewst Property”). You understand and agree that regardless of terminology used, Viewst Property represents a limited license governed solely by the terms of this Agreement and available for distribution at Viewst’s sole discretion. Viewst Property is not redeemable for any sum of money or monetary value from Viewst at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Viewst on Viewst’s servers, including without limitation, any data representing or embodying any or all of your Viewst Property. You agree that Viewst has the absolute right to manage, regulate, control, modify, and/or eliminate Viewst Property as it sees fit in its sole discretion, in any general or specific case, and that Viewst will have no liability to you based on its exercise of such right. All data on Viewst’s servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Viewsts’s servers, may be deleted, altered, moved or transferred at any time for any reason in Viewst’s sole discretion, with or without notice and with no liability of any kind. Viewst does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Viewst’s servers.
11. Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.
12. Security
Viewst cares about the integrity and security of your personal information. However, we can not guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DMCA Notice
Since we respect artists and content owner rights, it is Viewst’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please, notify Viewst’s copyright agent as set forth in DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of copyright owner;
2. Identification of copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonable sufficient to permit Viewst to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner, or is authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Viewst Inc.
Address: 541 Jefferson Ave., Suite 100,
Redwood City, 94063, CA
USA
Email: hello@viewst.com
Under Federal Law if you knowingly misrepresent that online material in infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
In accordance with the DMCA and other applicable law, Viewst has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Viewst may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by Viewst.
Viewst does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the service, you do so at your own risk, and you understand that this Agreement and Viewst’s Privacy Policy do not apply to your use of such sites. You expressly relieve Viewst from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Viewst shall not be responsible for any loss or damage of any sort, relating to your dealings with such advertisers.
15. Indemnity
You agree to defend, indemnify and hold harmless Viewst and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv)your violation of any applicable law, rule or regulation; (v) any claim of damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
16. No Warranty
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Viewst, its subsidiaries and its licensors, do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you’ll be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service.
Viewst does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through the Viewst service or other hyperlinked website or service, and Viewst will not be a party to or in any way monitor any transaction between you and third party providers of products or services.
17. Limitation of Liability
The maximum extent permitted by applicable law, in no event shall Viewst, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss or profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Viewst be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
The maximum extent permitted by applicable law, Viewst assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure service and/or any or all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or any defamatory, offensive, or illegal conduct of any third party. In no event shall Viewst, its subsidiaries, affiliates, agents, directors, employees, suppliers or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Viewst hereunder or $100.00 whichever is greater.
No action, regardless of form or nature, arising out of this Agreement may be brought by or on behalf of you more than one year after the cause of action first arouse.
Notwithstanding anything to the contrary contained herein, Viewst shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability sections applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Viewst has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights and you may also have other rights which very from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the United States. Viewst makes no representations that the Service is appropriate or available for use in other locations. Those who excess or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident or a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies or other entities, located in the United States.
18. Governing Law
You agree that (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Viewst, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts, located in San Mateo County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you are a consumer, this Agreement does not exclude any rights you may have under the national consumer laws of your jurisdiction.
19. Arbitration
For any dispute with Viewst, you agree to first contact us at hello@viewst.com and attempt to resolve the dispute with us informally. In the unlike event that Viewst has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute or controversy (excluding any Viewst claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association ( “AAA” ) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, then in effect for the AAA, except as provided herein. The arbitration will be conducted in San Mateo County, California, unless you and Viewst agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees, and reasonable cots for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of the party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that by entering into this Agreement, you and Viewst are each waiving the right to a trial by jury or to participate in a class action.
20. General
20.1 Assignment.
This agreement and any rights and licenses granted hereunder, may not be transferred by you, by may be assigned by Viewst without restrictions. Any attempted transfer or assignment in violation hereof shall be null and void.
20.2 Notification Procedures and changes to the Agreement.
Viewst may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Viewst in our sole discretion. Viewst reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Viewst is not responsible for any automatic filtering you or your network provider may apply to email notifications we sent to the email address you provide us. Viewst may, at its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
20.3 Entire Agreement/Severability.
This Agreement, together with
At , any amendments and any additional agreements you may enter into with Viewst in connection with the Service, shall constitute the entire agreement between you and Viewst concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remail in full force and effect.
20.4. No Waiver.
No waiver of any term of this Agreement shall be deemed a further of continuing waiver of such term of any other term, and Viewst’s failure to assert any right or provision under this Agreenment shall not constitute a waiver of such right or provision.
20.5 Contact.
Please contact us at hello@viewst.com with any questions regarding this Agreement.
21 Jul 2021
Welcome to Viewst.com, the website and online service of Viewst Inc. (“Viewst”, “we”, or “us”). This page explains the terms by which you may use our online service, website, and software provided or in connection with the service (collectively the “Service”). By accessing or using the service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Viewst Privacy Policy, whether or not you are registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”). This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto: Privacy Policy
Here are the terms that you agree to when using Viewst.
Please, read this agreement carefully to ensure that you understand each provision.
1. Use of Viewst Service
Viewst service in a snapshot. Viewst operates an online design platform and media licensing service that empowers our users, members, marketers, designers, business owners and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the service only if you can form a binding contract with Viewst, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by another under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Viewst. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the Viewst Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Viewst reserves all rights not expressly granted herein in the Service and the Viewst Content (as defined below). Viewst may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or pronts.
2. Viewst Accounts
Your Viewst account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Viewst account on behalf of a company, organization, or other entity, then (a) ”you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you are agree to this Agreement on the entity’s behalf. By connecting to Viewst with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (password that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. Viewst will not be liable for any losses caused by any unauthorized use of your account.
Certain portions of the Service, such as Viewst Business, may allow you to create group accounts (“Teams”). Access to a Team will be made available only to those Users who are authorized by the creator or Admin of the Team (“Super Admin” or “Team Owner”). The Team Owner will be responsible for adding Users to the Team, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Viewst your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Viewst usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, sought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
3. Service Rules
3.1 General
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitations “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more request messages to the Viewst servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with the person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Viewst Content (as defined below), including any Viewst trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Viewst Content; (xiv) using the Service or any Viewst Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Viewst trademark or any variant thereof including misspelling as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using without our prior written consent, any word or mark, which is similar to or likely to be confused with Viewst trademarks; (xvii) copying, imitating, or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Viewst; (xviii) using any Viewst Content to link to the Viewst website without prior written consent of Viewst; (xiv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Viewst.
Accessing the audiovisual content available on the Service for any purpose or any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Viewst Service to a User’s device in such a manner that the data is intended for real-time viewing and not included to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Viewst prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Viewst may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Viewst in each instance.
You are solely responsible for your interactions with other Viewst Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Viewst shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3.2 Anti-discrimination
Viewst doesn’t support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote, or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
4. User Content
4.1 General
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints, or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Team, the Team Owner will own – and being entirely responsible for – all such User Content.
4.2 Uploading and Publishing User Content to Viewst
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk or any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute to contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent,, or that which provokes violence or hostility, profane, , or otherwise objectionable; (vi) contains any information that discriminates others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that that you know is correct and current. You agree that any User Content does not and will not violate third-party rights or any kind, including, without limitations, any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Viewst reserves the right, but is not obligated, to reject and/or remove any User Content that Viewst believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute user content under a Team, the Team Owner will own- and be entirely responsible for- all such User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection of your User Content, you affirm, represent and warrant the following:
(a) Your User Content and Viewst’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including, but not limited to any Intellectual Property Rights and privacy and publicity rights.
(b) Viewst may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
(c) There is no suite action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
(d) If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, cliparts, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Viewst, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Viewst for the purposes set forth herein.
(e) You User Content is neither obscene, defamatory, or otherwise objectionable.
(f) To the best of your knowledge, all your User Content and other information that you provide to Viewst is faithful and accurate.
(g) You will not transmitted unsolicited emails or engage in spamming to publicize or promote your relationship with Viewst.
(h) If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
(i) You will not engage in pay per click advertising using words which compete with Viewst’s own campaigns in order to promote your relationship with Viewst nor will you use or engage a third party on your behalf to use Viewst in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Viewst shall send you written notice of such claim, using the email address provided by you to Viewst, specifying the details of the claim as then known to Viewst. Pending the determination of such claim, Viewst may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonable related to the probable value of the claim as determined by Viewst.
Viewst takes no responsibility and assumes no liability for any User Content that you or any other User, or third-party posts, publishes or prints over, or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you might be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Viewst shall not be liable for any damages you allege to incur as a result of User Content or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful, or otherwise in breach of these terms, you agree that Viewst may disclose such User Content to law enforcement or other government authorities.
5. User Content License Grant
By publishing any designs containing User Content using the Service, you expressly grant, that you represent and warrant that you have all rights necessary to grant to Viewst a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Viewst’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
6. Viewst Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitations, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and all Intellectual Property Rights related thereto, are the exclusive property of Viewst and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivate works from any Viewst Content. Use of the Viewst Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. Stock Media Licenses
7.1 General
The Service provides certain functionality that allows you to create visual designs (“Viewst Designs”). Viewst Designs can be downloaded/exported from the Service in a range of formats, including without limitation PDF, JPEG, HTML, MP4, or GIF (“Export”, “Exports”, “Exported”, “Exporting”). You may create Viewst Designs using only your own User Content, you may choose to incorporate Stock Media into your Viewst Design. You may export Viewst Design comprised solely of your own User Content at no cost. However, you may only Export a Viewst Design comprised in whole or in part of any Stock Media in accordance with the terms of one of the licenses contained in this section.
7.2 License Types
In order to Export any Stock Media from the Service, you must license the Stock Media under one of the licenses provided below. By Exporting any Stock Media from the Service, you hereby agree to be bound by any applicable terms and pay all applicable fees. If you license the Stock Media as a Team Owner, the licenses granted by the licenses provided below will be granted to you and the applicable Team, for use by you and other Users who have been authorized under the Team, solely in connection with the Team. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Stock Media pursuant to any license provided by Viewst.
8. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or Viewst products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Viewst under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Viewst does not waive any rights to use similar or related ideas previously known to Viewst, or developed by its employees, or obtained from sources other than you.
9. Paid Services
9.1 Billing Policies
Certain aspects of the Service may be provided for a fee or other charges. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Viewst may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion.
9.2 No Refunds
You may cancel your Viewst account at any time; however there are no refunds for cancellation. In the event that Viewst suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account or for anything else.
9.3 Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or any monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interaction.
10. Viewst Property
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“Viewst Property”). You understand and agree that regardless of terminology used, Viewst Property represents a limited license governed solely by the terms of this Agreement and available for distribution at Viewst’s sole discretion. Viewst Property is not redeemable for any sum of money or monetary value from Viewst at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Viewst on Viewst’s servers, including without limitation, any data representing or embodying any or all of your Viewst Property. You agree that Viewst has the absolute right to manage, regulate, control, modify, and/or eliminate Viewst Property as it sees fit in its sole discretion, in any general or specific case, and that Viewst will have no liability to you based on its exercise of such right. All data on Viewst’s servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Viewsts’s servers, may be deleted, altered, moved or transferred at any time for any reason in Viewst’s sole discretion, with or without notice and with no liability of any kind. Viewst does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Viewst’s servers.
11. Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.
12. Security
Viewst cares about the integrity and security of your personal information. However, we can not guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DMCA Notice
Since we respect artists and content owner rights, it is Viewst’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please, notify Viewst’s copyright agent as set forth in DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of copyright owner;
2. Identification of copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonable sufficient to permit Viewst to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner, or is authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Viewst Inc.
Address: 541 Jefferson Ave., Suite 100,
Redwood City, 94063, CA
USA
Email: hello@viewst.com
Under Federal Law if you knowingly misrepresent that online material in infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
In accordance with the DMCA and other applicable law, Viewst has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Viewst may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by Viewst.
Viewst does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the service, you do so at your own risk, and you understand that this Agreement and Viewst’s Privacy Policy do not apply to your use of such sites. You expressly relieve Viewst from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Viewst shall not be responsible for any loss or damage of any sort, relating to your dealings with such advertisers.
15. Indemnity
You agree to defend, indemnify and hold harmless Viewst and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv)your violation of any applicable law, rule or regulation; (v) any claim of damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
16. No Warranty
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Viewst, its subsidiaries and its licensors, do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you’ll be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service.
Viewst does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through the Viewst service or other hyperlinked website or service, and Viewst will not be a party to or in any way monitor any transaction between you and third party providers of products or services.
17. Limitation of Liability
The maximum extent permitted by applicable law, in no event shall Viewst, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss or profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Viewst be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
The maximum extent permitted by applicable law, Viewst assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure service and/or any or all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or any defamatory, offensive, or illegal conduct of any third party. In no event shall Viewst, its subsidiaries, affiliates, agents, directors, employees, suppliers or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Viewst hereunder or $100.00 whichever is greater.
No action, regardless of form or nature, arising out of this Agreement may be brought by or on behalf of you more than one year after the cause of action first arouse.
Notwithstanding anything to the contrary contained herein, Viewst shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability sections applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Viewst has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights and you may also have other rights which very from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the United States. Viewst makes no representations that the Service is appropriate or available for use in other locations. Those who excess or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident or a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies or other entities, located in the United States.
18. Governing Law
You agree that (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Viewst, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts, located in San Mateo County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you are a consumer, this Agreement does not exclude any rights you may have under the national consumer laws of your jurisdiction.
19. Arbitration
For any dispute with Viewst, you agree to first contact us at hello@viewst.com and attempt to resolve the dispute with us informally. In the unlike event that Viewst has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute or controversy (excluding any Viewst claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association ( “AAA” ) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, then in effect for the AAA, except as provided herein. The arbitration will be conducted in San Mateo County, California, unless you and Viewst agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees, and reasonable cots for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of the party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that by entering into this Agreement, you and Viewst are each waiving the right to a trial by jury or to participate in a class action.
20. General
20.1 Assignment.
This agreement and any rights and licenses granted hereunder, may not be transferred by you, by may be assigned by Viewst without restrictions. Any attempted transfer or assignment in violation hereof shall be null and void.
20.2 Notification Procedures and changes to the Agreement.
Viewst may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Viewst in our sole discretion. Viewst reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Viewst is not responsible for any automatic filtering you or your network provider may apply to email notifications we sent to the email address you provide us. Viewst may, at its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
20.3 Entire Agreement/Severability.
This Agreement, together with
At , any amendments and any additional agreements you may enter into with Viewst in connection with the Service, shall constitute the entire agreement between you and Viewst concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remail in full force and effect.
20.4. No Waiver.
No waiver of any term of this Agreement shall be deemed a further of continuing waiver of such term of any other term, and Viewst’s failure to assert any right or provision under this Agreenment shall not constitute a waiver of such right or provision.
20.5 Contact.
Please contact us at hello@viewst.com with any questions regarding this Agreement.