VIZBL is an Augmented Reality Platform that creates a new approach to 3D visualization. We bring together manufacturers of furniture, furnishings and other equipment, as well as architects and designers with ordinary users.
VIZBL allows you to visualize various objects in augmented reality using the most modern graphic technologies available to mobile devices. Specially developed mechanics of interaction with virtual objects allow to tremendously expand the user's capabilities.
These Terms contain important information, including your agreement to resolve any disputes in individual arbitration and your waiver of your right to participate in any type of class action.
The terms also cover your consent to grant us rights to your content, limitation of our liability to you, your consent to receive calls and text messages from us.
We recommend that you carefully read this Agreement. By accessing the Platform or using it in any way, including browsing the www.vizbl.us website, you fully agree to these Terms. If you do not agree with any of the Terms, you cannot use the VIZBL Platform.
1. Used terms and definitions
The following terms and definitions are used in this Agreement and all of our Policies:
VIZBL Platform or Platform
The Augmented Reality Platform, available at www.vizbl.us, on all linked websites, mobile applications, Products and services offered (including plugins and browser extensions).
VIZBL Group or we / us / our
Vizbl Technologies Limited, its affiliates, licensees and sub-licensees, and their officers, directors, employees, consultants and other representatives.
You / your, as well as Visitor, User, Professional user
A legal or capable individual using any part of the Platform.
3D models, images, audio files, video files, text (including reviews, any messages, comments, suggestions).
Product, work, service offered on the Platform by third parties (Professional users).
Generalized definition of Partner and Manufacturer.
Manufacturer of the Product, its official distributor or dealer.
The person who has entered into an agreement with the Producer of the Product on the placement through this Partner of the Products on the Platform and is responsible for such placement.
Generalized definition of Partner Profile and Manufacturer Profile.
Special mode of commercial use of the Platform for Manufacturers.
Special mode of commercial use of the Platform for a Partner.
VIZBL business goals or our business goals
Any use of Content on / in our websites, applications, publications. Any advertising or promotion of the Platform. VIZBL's business objectives include, inter alia, the use of your content on the Platform in conjunction with features offered to users that allow them to view and interact with your content.
Text messages (SMS), emails, calls, pre-recorded audio messages, push notifications, any of which can be generated by an automatic telephone or dialer system, regarding your account or use of the Platform, Platform updates, new and existing functions on the Platform, promotions (conducted by us or by third parties), Platform news.
Intellectual property rights, including copyright, patent, trademark, trade secret and other similar rights of any person.
2. VIZBL policies
By using the Platform, you understand, unconditionally accept and agree to all of the following policies (regardless of whether you have created an account on the Platform or not):
(аvailable at the link https://help.vizbl.us/hc/en-us/articles/4410979025681-Privacy-Policy);
Acceptable Use Policy
Prohibited Products Policy
Professional Use Policy
Copyright and Trademark Policy
(аvailable at https://help.vizbl.us/hc/en-us/articles/4410983063313-Copyright-and-Trademark-Policy);
3. Using the VIZBL Platform
Who can use
You are responsible for any activity that occurs in your Vizbl profile. It is important that you keep your profile secure. It is recommended to select a strong password that you do not use for any other account.
By using the Product, you agree that, in addition to exercising common sense:
- (a) You will not create more than 1 profile for yourself.
- (b) You will not create another profile if we have already disabled your profile, unless you have our written permission to do so.
- (c) You will not buy, sell or lease access to your Vizbl profile or username without our written permission.
- (d) You will not share your password.
- (e) You will not log in or attempt to access the Product through unauthorized third-party applications or clients.
If you think that someone has gained access to your profile, please contact our team immediately at https://help.vizbl.us.
If you are a supplier or seller of goods or services, you can create a Professional Profile. If you do this, you give us the right to add your Professional Profile to our catalog. You will be able to communicate with others on the Platform by being identified by your Professional Profile.
You can close your account at any time by going to your account settings and deactivating it. We may permanently or temporarily suspend your use of the Platform at any time for any reason without any notice or liability to you. We may close your account at any time for any or no reason, including if you violate any VIZBL Policy. Upon your termination of your use of the Platform, certain provisions will remain in effect as described in the “Other Provisions” Section of these Terms.
We welcome your feedback and suggestions on how to improve the Platform. Feel free to leave reviews at https://help.vizbl.us. By submitting feedback to us in this or any other way, you grant us the right, at our discretion, to use, disclose and otherwise use the feedback, in whole or in part, without any limitation or compensation to you.
4. Your content
Defining your content
The platform allows you to create, host and publish Content. You may also post reviews of Third Party Products. All materials that you post to the Platform will be collectively referred to as "Your Content".
License and permission to use your content
You hereby grant us, without compensation, to you or others, a non-exclusive, perpetual, irrevocable, free, fully paid worldwide license (including the right to sublicense at multiple levels) to use, reproduce, process, adapt, publicly display, modify, prepare derivative works, publish, transmit and distribute your Content or any part of it around the world in any format, media or method of distribution (regardless of whether they are now known or created in the future) for the duration of any copyright or other rights to your Content. Such permission will be indefinite and cannot be revoked for any reason to the maximum extent permitted by law. In addition, to the extent permitted by applicable law, you agree not to assert any moral rights that you may have in relation to your Content. If you identify yourself by name or provide your 3D model, image or audio or video, you also authorize us, without compensation, to you or others to reproduce, print, publish and distribute in any format or medium (now known or created in future) Your name, voice and image are worldwide, and such permission will be perpetual and cannot be revoked for any reason except as required by applicable law. You also agree that we may use your Content in any way we deem appropriate or necessary.
Ownership of your content
We acknowledge and agree that you or your licensors, as the case may be, retain ownership of the copyright in Your Content subject to the non-exclusive rights granted to us in the paragraph above, and that ownership of such copyright is not transferred to us at in accordance with this Agreement. In addition, with respect to your Content in the form of photographs and subject to Platform and user interface considerations, we will use commercially reasonable efforts to maintain attribution of such photographs as they were submitted by you, and we will not license or sublicense individual photographs or collections of photographs to third parties, except for the use of VIZBL for Business purposes.
Your responsibility for your content
By posting, uploading or submitting Your Content to the Platform, you represent and warrant to us that you own or have obtained all necessary licenses or permissions from any relevant parties to use Your Content in this manner. This includes obtaining the right to grant us the rights to use your Content in accordance with this Agreement. You can best judge whether your Content infringes IP rights or the personal rights of third parties. You accept full responsibility to avoid infringing the IP rights or personal rights of others in connection with Your Content. It is your responsibility to ensure that your Content does not violate our Policies and any applicable laws or regulations. You agree to pay all royalties, fees and any other monies due to any person in connection with Your Content.
Restrictions on posting your content
We reserve the right to remove your Content in whole or in part for any reason (which may include reporting a violation of any of our Policies) without prior notice. We do not guarantee that we will post all your Content. If you wish to post a review, claims will be governed by our Review Policy.
5. Our content and materials
Definition of our content and materials
All intellectual property on or related to the Platform (including but not limited to our software, VIZBL marks, VIZBL logo and VIZBL buttons, icons and widgets, but excluding Your Content) is the property of Vizbl Technologies Limited, its subsidiaries and affiliates, companies or its licensors (hereinafter “Our Content and Materials”).
Our license for you
Subject to these Terms, we grant you a limited, non-exclusive license to use and access our Content and Materials. Your use of the Platform is limited to a private (non-commercial) basis unless we have expressly agreed otherwise (for example, you have created a Professional Profile or entered into a separate agreement with us as a supplier, seller, advertiser, designer, etc.). We may terminate this license at any time for any reason. Except for the rights and licenses granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Limitation of Liability
The platform provides access to third party Content and Products, and also offers interactions with third parties over which we have no control. We are not responsible for and do not endorse the Content, offers or behavior of third parties (including the Products and their descriptions). We do not verify the biographical and other data of the Professional users of the Platform. Their participation or availability on the Platform does not imply endorsement or verification on our part. We make no warranties or representations as to the accuracy, completeness, or timeliness of any Content posted by anyone on the Platform.
Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse-engineer, decompile or otherwise use Our Content and Materials without our written permission. Your permission to use the Platform expressly excludes your commercial use of any information related to Product descriptions for the benefit of another seller. You are expressly prohibited from any use of data mining, robots or similar data collection and extraction tools while using the Platform. You may view and print a reasonable number of copies of the web pages located on the Platform for your own personal use, provided that you retain all proprietary notices contained in the source materials, including the reference to VIZBL.
You acknowledge and agree that the VIZBL Platform and the VIZBL Marks will remain the property of Vizbl Technologies Limited. The content, information and services available on the Platform are protected by EU, American and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any proprietary rights using the Platform.
VIZBL buttons, links and widgets
- (a) your use of such buttons, links and widgets leads only to the Platform;
- (b) you will not modify such buttons, links, widgets or associated code in any way;
- (c) you will not use any such buttons, links, widgets in any way that implies or suggests that we endorse, sponsor or recommend a website that uses such buttons, links and widgets;
- (d) the use of such buttons, links and widgets, as well as the website that uses such buttons, links and widgets, does not violate our Policies.
Purchase of Products featured on the Platform
Professional Users offer household goods, furniture and other Products on the Platform. If you buy these Products, your purchase is governed by the Terms of Sale of the respective seller or store. The presence of Products on the Platform does not imply our endorsement or verification of these Products and their descriptions.
Third Party Sites
7. Violations of intellectual property rights, Policies or applicable law
We have a special procedure for reporting violations of your IP Rights or other violations of our Policies or applicable law.
Copyright and Trademark Policy.
We have adopted and implemented the Copyright and Trademark Policy. For more information, including details on how to request deletion if you believe Content on the Platform infringes your IP Rights, please see our Copyright and Trademark Policy.
Reports of other violations.
If you believe that content on the Platform violates the Acceptable Use Policy, the Prohibited Products Policy, or otherwise violates applicable law, you may file an infringement claim (for claims other than copyright or trademark). We are under no obligation to remove content that you personally may find objectionable or offensive. We strive to respond promptly to requests to remove content in accordance with our Policies and applicable laws.
8. Disclaimer and Limitation of Liability
Each of the following provisions applies to the maximum extent permitted by applicable law:
We provide you with the Platform, services, information, products, product descriptions and third-party Content on an "as is" and "as available" basis, without warranty of any kind, either express or implied.
We disclaim responsibility for:
- (i) Content posted by any third party on the Platform,
- (ii) product or product description,
- (iii) third party sites and any third party Products hosted or available to you on the Platform,
- (iv) the quality or behavior of a third party in connection with the use of the site.
You agree that the VIZBL Group will not be liable to you in any way, including for any indirect, incidental, special or approximate damages, loss of profits, interruption in activities related to your use or inability to use the Platform or products.
9. Compensation for damage
You agree to indemnify the VIZBL Group in full for any claims, damages and other expenses (including reasonable attorneys' fees) that arise directly or indirectly as a result of:
- (a) your violation of any part of this Agreement and our Policies;
- (b) your content, including claims that any material you submit to us or transmit to the Platform violates the IP Rights or other rights of any third party;
- (c) your actions on the Platform or websites to which the Platform is linked;
- (d) your negligence or willful misconduct.
10. Dispute Resolution
If you have a dispute with VIZBL, you agree to contact us through help.vizbl.us to first try to resolve the issue informally. If we are unable to resolve the dispute informally, then this section will govern any legal disputes related to the Platform or our services.
You and the VIZBL Group agree that any dispute, claim or disagreement arising out of this Agreement or in connection with your use of the Platform (collectively “Disputes”) will be resolved through binding arbitration.
Waiver of class action
You and the VIZBL Group agree that any dispute resolution proceedings will be conducted on an individual basis and not as a group, consolidated or representative action. This means that in connection with any Dispute, you and the VIZBL Group agree to waive your right to participate as a plaintiff as a group member in any class action proceeding. In addition, unless you and the VIZBL Group agree otherwise in writing, an arbitrator in any dispute cannot consolidate more than one person's claims and cannot preside over any form of class action.
Arbitration Administration and Rules
If you live in the US:
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms or by calling the AAA on 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If you do not live in the US:
If you are using the Product on behalf of a business (rather than for your personal use), you and Vizbl Group agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Product will be finally settled under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Product.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and VIZBL Group. Any award made by the arbitrator for damages must comply with the "Disclaimer and Limitation of Liability" section above. The arbitrator may award declarative relief or injunctive relief in favor of the plaintiff only to the extent necessary to provide relief based on the individual claim of the plaintiff.
The responsibility of each party to pay the filing, administrative and arbitration fees will depend on the circumstances of the arbitration.
You have the right to waive the provisions of this section by sending a written notice to the address: Vizbl Technologies Limited, 17206 Nugent place, Granada Hills, CA91433. Notice must be mailed within 30 days after:
- (i) the dates when you first agreed to the Terms; and
- (ii) the dates on which this provision applies to you.
You must include in the written notice your name, mailing address, email address associated with your account, and a clear statement that you wish to withdraw from the arbitration agreement.
If you have a dispute with another user of the Platform or with any third party, you agree that we are not obligated to intervene. In the event of a dispute with one or more other users, you release the VIZBL Group from claims, claims and damages of any kind or nature, known or unknown, suspected or unexpected, arising out of or in any way related to such disputes and / or the Platform.
You are not required to agree to receive promotional VIZBL Messages as a condition of using the Platform. By providing us with your phone number and agreeing to these Terms, you agree to receive VIZBL Messages. Text messages we send may be subject to the standard text message charges charged by your service provider. If you provide us with another person's phone number or email address to receive VIZBL Messages, you represent and warrant that each person whose phone number or email address you provide has agreed to receive those communications. If you wish to stop receiving VIZBL Messages, then follow the instructions provided in the email or original text message or, if you have an account on the Platform, unsubscribe using your settings.
12. Other provisions
Additional terms for certain services
Some of the services offered on the Platform may require you to enter into a separate agreement and / or be subject to additional terms. In the event of any conflict between this Agreement and the terms of this separate agreement, the terms of this Agreement shall prevail.
App Provider Terms
If you access the Platform through the VIZBL app, you acknowledge that this Agreement is only between you and VIZBL, and not with another app provider or App Platform (such as Apple Inc. or Google Inc.) that may provide you with the app in according to its own terms and conditions.
Governing Law and Jurisdiction
If you live in the United States:
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If you do not live in the United States:
The laws of England and Wales govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
The platform is controlled and managed from our offices in USA. None of our software may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also declare that you are not located in a country that is embargoed by the US government and are not listed as a US government banned or restricted party
We reserve the right to:
- (i) change the terms of the Agreement in accordance with applicable law;
- (ii) modify the Platform, including deleting or discontinuing the provision of any information, services or other functions in whole or in part;
- (iii) deny access to your account or deny its use or access to the Platform.
If we make material changes to the Terms, we will notify you through the Platform, email or other means to offer you the opportunity to review the changes before they become effective. You agree that your continued use of the Platform following the entry into force of such changes constitutes your acceptance of the changes. If you do not agree with any updates to this Agreement, you may not continue to use the Platform. Remember to periodically visit www.vizbl.us/terms_of_use to make sure you are familiar with the most recent version of the Terms. Any changes to the Terms will be effective in the future.
The English version of this Agreement will be binding and all communications, notices, arbitrations and other actions and proceedings related to this Agreement will be conducted and conducted in English, even if we choose to provide translations of this Agreement into the native languages of certain countries. To the extent permitted by law, any inconsistencies between the various translations will be eliminated in favor of the English version.
Assignment of rights
Nothing in this Agreement, as well as any rights, obligations or remedies under it, may be assigned, transferred, delegated, or sublicensed by you except with our prior written consent, and any attempt at assignment, transfer, delegation, or sublicense will be invalid. The VIZBL Group may assign, transfer or delegate this Agreement or any right, obligation or remedy under it in its sole discretion.
If we do not defend our rights under this Agreement, this does not mean our waiver of such right.
Any heading in these Terms is inserted for convenience only and does not in any way define or explain any section or provision of this document.
You agree to draw up a paper copy of this Agreement and any other documents and take any action at our expense that we may request to confirm and implement the intent of this Agreement and any of your rights or obligations under this Agreement.
Completeness and Severability of the Agreement
This Agreement supersedes all previous terms, agreements, discussions and written documents relating to the Platform and constitutes the entire agreement between you and us in relation to the Platform. If any part of this Agreement is held unenforceable, that part will not affect the enforceability of the remaining portions of the Agreement, which will remain in full force and effect.
The following provisions shall remain in effect upon the expiration or termination of this Agreement:
- Section "Your Content",
- Section "Our content and materials",
- Disclaimer and Limitation of Liability Section,
- Section "Compensation for damage",
- Dispute Resolution Section,
- Section “Miscellaneous Provisions”.
- Contact Information.
You can contact us with any questions about the Agreement by visiting https://help.vizbl.us.