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I. LEGAL PROVISIONS
This section of the VisioBrand site contains legal data that describes the conditions on which the site's services are provided,
VisioBrand's policy regarding intellectual property and collection of private data, and outlines the limits of responsibility of
VisioBrand site with respect to the mentioned legal elements.
Information about the general rules of service provision by VisioBrand site can be found in Section TERMS AND CONDITIONS OF SERVICES.
The rules for VisioBrand's services aimed at promotion of goods and services are stated in Section TERMS AND CONDITIONS FOR CLIENTS
Information regarding intellectual property protection is detailed in Section INTELLECTUAL PROPERTY POLICY .
Also see the following subsections regarding: (1) intellectual property of VisioBrand - VISIOBRAND INTELLECTUAL PROPERTY and
(2) intellectual property of third parties - INTELLECTUAL PROPERTY OF THIRD PARTIES.
A comprehensive description of the site's information practices is contained in PRIVACY POLICY.
WARNING: WE URGE THAT YOU CAREFULLY STUDY THE LEGAL SECTIONS OF THE VisioBrand SITE TO PREVENT POSSIBLE CONFLICTS.
YOUR VISITING THE VisioBrand SITE, POSTING THE DATA YOU NEED, USING THE SEARCH ENGINES OR READING THE INFORMATION POSTED
BY THIRD PARTIES CONSTITUTES YOUR AUTOMATIC AGREEMENT TO THE RULES SET FORTH IN THE SECTIONS CONTAINING LEGAL INFORMATION.
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II. DEFINITION
Surfers are individuals who come to the VisioBrand site and navigate there by means of the Internet.
Members are surfers who registered in the member registration section (How to become a member?) of the
VisioBrand site and can use member-specific benefits (adding brands to Favourites, receiving a newsletter, etc.).
Clients are brands who registered in the client registration section (How to become a client?)
of the VisioBrand site and may purchase or already purchased VisioBrand advertising services.
Products are goods, products and services of Clients presented on VisioBrand web site.
Advertising Services are paid services provided by the VisioBrand site aimed at promoting
the Client’s Products among the VisioBrand site visitors (Surfers).
Brand Owners are legal entities who hold property rights for the respective brands presented on the VisioBrand website.
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III. TERMS AND CONDITIONS OF SERVICES
Welcome to VisioBrand!
All Services on the VisioBrand website are provided in accordance with the present Terms and Conditions of Services.
This document is a legal Agreement that describes the terms and conditions of use of the VisioBrand website and its Services.
If you do not agree with all or part of the following provisions of these Terms of Services,
you should contact us before you start using this site and its services.
However, if you already use this site, it means that you agree to comply with the Terms and Conditions of Services,
and all of the following provisions are binding for you.
III.1. Service Provision
VisioBrand provides Services of Access to the information posted on pages of the VisioBrand site and the websites it links to,
Search Services and Advertising Services aimed at familiarization of Internet Surfers with the Clients’ Products.
References to sites and applications managed by third parties may be utilized in the Search Process.
The services purport representing buyers and sellers of goods and services.
VisioBrand undertakes all reasonable effort to ensure that the information
obtained through our site is authentic and reliable. However, VisioBrand does not control, guarantee or accounts for:
a. reliability, quality and legality of Products advertised on the corresponding pages and on sites of third parties;
b. validity of data and legality of the content of the advertised Products;
c. actual availability of the advertised Products, and correspondence of the announced prices to the actual prices;
VisioBrand is not in position to act as a guarantee or to account for the improper fulfilment of their respective obligations
by the sellers and buyers of goods and services, the timeliness and security of payments, or the quality and quantity of the delivered Products.
VisioBrand IS NOT A SELLER, INTERMEDIARY, GUARANTOR, PLEDGER OR PLEDGEE, OR OTHER THIRD PARTY IN TRANSACTIONS (TRANSACTIONS OF SALE, DELIVERY,
COMMISSION, PLEDGE, BARTER OR ANY OTHER TRANSACTIONS OF ALIENATION OF ASSETS OR TITLES FOR GOODS AND SERVICES) THAT HAVE BEEN COMPLETED BY MEANS
OF SERVICES PROVIDED ON THE VisioBrand SITE. IN THE EVENT THAT ANY REAL OR POTENTIAL CLAIMS, DISAGREEMENTS, LEGAL PROCEEDINGS OR OTHER CONFLICTS
(INCLUDING THOSE WITH STATE AUTHORITIES) REGARDING THE TRANSACTIONS COMPLETED (HEREINAFTER REFERRED TO AS “CONFLICTS”) ARISE,
VisioBrand (AND ALL VisioBrand’s OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND
SERVICE PROVIDERS) SHALL BE TO THE MAXIMAL POSSIBLE EXTENT PROVIDED BY THE LAW RELIEVED OF INVOLVEMENT IN CONFLICTS AT ANY STAGES AND IN ANY FORMS,
AND OF PARTICIPATION IN LEGAL PROCEEDINGS (ON THE SIDE OF THE PLAINTIFF, DEFENDANT, THIRD PARTY OR IN OTHER FORMS).
III.2. Personal Use Limitation
This Agreement only grants the right of personal access to the VisioBrand services. This limitation prevents you from:
a. unauthorized copying, modification, distribution, lease, giving out for rent, commercial hire or sale of Information provided by VisioBrand;
b. use of automatic data access tools beside those offered by VisioBrand itself.
Please notice that the Information contained in the VisioBrand site may be and most likely is subject to the intellectual property law and is
protected by the laws of many countries as well as the International Law. Any unauthorized use of this information may be harmful for its
respective owners and shall entail negative consequences for the infringing party. Only personal use of the Information is allowed.
For more details please see the INTELLECTUAL PROPERTY POLICY.
III.3. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. VisioBrand DISCLAIMS ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
III.4. Limited Potential Liability for the Services
NEITHER VisioBrand NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS,
CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. VisioBrand WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES
IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS.
IN THE EVENT THAT THE APPLICABLE LAW CONTAINS PROVISIONS THAT EXPAND THE LIMITS OF VisioBrand’s RESPONSIBILITY AS COMPARED WITH THOSE STATED ABOVE,
THEN THE PROVISIONS OF THE APPLICABLE LAW THAT MAXIMALLY CORRESPOND TO THE SECTION Limited Potential Liability for the Services SHALL BE USED.
If you should see a reference on the VisioBrand site to a site that contains illegal materials, please notify VisioBrand accordingly by
e-mail from sections and/or (Legal) on the VisioBrand site.
III.5. Privacy
VisioBrand does not collect personally identifiable information from the Service users except for that provided voluntarily,
for example, when filing out forms, answering questionnaires, using the Services or sending e-mails.
For more details on the data collection and its use please see the PRIVACY POLICY Section that is an integral part of this Agreement.
III.6. Modification of terms
VisioBrand reserves the right to unilaterally modify without having to previously agree with you:
a. the terms of this Agreement, as well as other terms stated in the Legal Provisions;
b. the quality and volume of the Services provided, the website’s functionality and the data provision technologies;
c. the extent of your rights and the rights of other users regarding the access to the information,
the procedure of receiving it and the cost of the information.
VisioBrand reserves the right to unilaterally rescind this Agreement.
III.7. Arbitration and Applicable Law
All disputes, disagreements or claims that may arise out or in connection with this
Agreement - should they be impossible to settle by means of negotiations - shall be submitted to the Swiss (Geneva) Court.
This Agreement shall be subject to the law of Switzerland.
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IV. TERMS AND CONDITIONS FOR CLIENTS
IV.1. Preamble
This document is a legal agreement (hereinafter referred to as “the Agreement”) according to which
VisioBrand provides you with Advertising Services aimed at promoting your goods and services among the VisioBrand site Surfers
(hereinafter referred to as “the Advertising Services”). For more details, please see Section Advertising Services on the terms
and conditions stated below. Being a Client and receiving our Advertising Services, you automatically agree to the terms and conditions
set forth in this Agreement (TERMS AND CONDITIONS FOR CLIENTS), to specific terms and conditions corresponding to your needs, and terms
and conditions of any Additional Agreements and Forms that may be filled in (online or offline). In this case, any person
(agents, representatives, employees, or any other person or entity) who performs any actions on behalf of the Client shall also be
bound by the terms of this Agreement. You shall also be bound by this Agreement if you act on behalf of yourself or a third party.
The Client represents and warrants that he/she has sufficient authority to enter into this Agreement.
The Client represents and warrants that the Information provided by the Client corresponds to the requirements of this Agreement as stated below.
IV.2. Advertising Services
VisioBrand is totally independent and is not economically or legally bound with any corporate entity, Brand Owner or holding already established on the market.
For the purposes of this Agreement, the Advertising Services provided by VisioBrand consist in placing on the site the information about the
Client’s Products that the Client wishes to inform the wide audience of potential consumers about.
The above information will be posted through and by means of the technology developed by
VisioBrand within the structured database that contains information about the Client’s Products, the Client’s logotypes,
special logotypes of Products, links to the Client’s site, the Client’s advertising features and applications and any other data that can
facilitate the Surfer in getting to know the Client’s Products and enable VisioBrand to introduce the Client’s
Products to the potential consumers in a targeted manner.
IV.3. Payments
The price of the Advertising Services is stated in the Attachment No.1 to the Mandate Agreement concluded between the
Client and VisioBrand at the moment of purchasing services by the Client.
All Advertising Services shall be provided according to the procedure defined below:
a. The Client shall submit and confirm his request for Advertising Services by mail, fax
and/or e-mail.
b. VisioBrand shall send a corresponding Invoice to the Client.
c. The payments shall be made according to the invoice issued by VisioBrand.
The payments for Advertising Services can be made by a wired bank transfer.
IV.4. Websites and Information Referencing
The following information (hereinafter referred to as the Product Information) can be
posted on the pages of the VisioBrand site dedicated to the Clients’ Products:
a. Logotypes of Clients;
b. Names, designations, registered names of the Products and Clients’ companies;
c. Audio and video materials;
d. Trademarks and Service marks, both registered and non-registered or with registration pending, i.e. having a priority;
e. Items of copyright accompanying the Products;
f. Links to Clients’ websites and the corresponding software and web applications;
g. Other protected data.
Information about the Products shall be posted on the VisioBrand site by VisioBrand Team only. No other person or entity (agents, representatives, employees, or any other persons or entities) shall have the right to directly post any information on behalf of the Client.
When Information about the Client’s Products is placed on the VisioBrand site, the Client shall agree that this information shall be provided to any interested persons for their personal use if a separate agreement between the Client and VisioBrand does not stipulate otherwise in respect to all or part of the information posted on the site. The Client agrees to the VisioBrand’s use of these items in all applications, databases, forms, pages and other constituents of the VisioBrand site. VisioBrand shall use the transferred items in accordance with this Agreement and Section INTELLECTUAL PROPERTY POLICY. Third parties that have access to the information about the Clients are granted limited rights to use the information contained on the Clients’ pages. For more details on the limited rights of users, please see Sections License to copy for personal use and License to recopy for limited purposes.
When the logotypes of Clients and/or logotypes of services and/or products are posted on the VisioBrand site, the Client shall agree that such logotypes could be modified (changed in size and/or background colour) and placed on pages of the VisioBrand website in the original or modified variant., The Client can at any time require VisioBrand to remove or modify the Client’s logotype from the VisioBrand website by sending e-mail to VisioBrand.
The Client shall grant VisioBrand the right to access, index, cache and display the website(-s) links posted on VisioBrand, including the right to use any automated tools to this effect. This right also includes the possibility to create, display and copy the Information about the Products or part thereof that is contained on such a website.
When Information about the Client’s Products is posted on the VisioBrand site, the Client shall agree that only VsioBrand shall get a personal access to the Product Information management tool on the VisioBrand site to be able to modify the information that the Client provides. The Client shall give an express consent that he/she will not use his/her personal Information for other purposes, namely unauthorized copying, modification, distribution, lease, giving out for rent, commercial hire or sale of the Information provided by VisioBrand, software and parts thereof, data bases and their structure; use of automated information access tools other than provided by VisioBrand itself; and unjustifiably high or disproportionate loading of VisioBrand resources.
The Client can at any time require VisioBrand to remove or modify any Information about his/her corporation. To do this, the Client should send an e-mail to VisioBrand with a corresponding request.
IV.5. Limited Liability Regarding Information about Products
a. VisioBrand’s liability regarding the protection of Information about Products is limited by the provisions of the above sections. This means in particular that;
b. VisioBrand shall not be held liable for the actions of third parties that violate or threaten violation of the Clients’ rights to the Information about Products and any of its protected components;
c. VisioBrand shall not be held liable for the actions of third parties and possible damage incurred by Clients in connection with the use of links to the Clients’ websites as well as corresponding software and web applications posted on the VisioBrand site;
d. VisioBrand is neither responsible for the maintenance of the Client’s website(-s) nor for the content and validity of the materials and data located there;
e. VisioBrand is not responsible for order entry, payment processing, shipment, cancellations, returns of client service concerning orders placed on Clients’ website(-s).
IV.6. Client’s Rights and Responsibilities
The Client shall guarantee that the Information about the Products and other information posted by the Client on the VisioBrand site:
a. Does not violate laws and regulations;
b. Does not infringe in any manner intellectual property right or other rights for information of any third party;
c. Does not violate any contractual obligations, rights of publicity or privacy, does not do any damage to third parties, does not contain false or fraudulent data on the Products and does not have indecent or offensive contents;
d. Complies with other legal requirements.
IV.7. Confidentiality
The client shall not disclose, sell, use, license, reproduce or otherwise copy, transfer or otherwise make available to any person or entity the information received from VisioBrand, as well as the search results and all the knowledge, experience, information, records, ideas, concepts, business processes, contacts, leads, etc. obtained from VisioBrand except as necessary in connection with the purpose for which such Confidential Information is disclosed to the Client or as required by applicable law.
The client shall agree to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain VisioBrand’s personal property and all documents, electronic media and other tangible items containing or relating to any above-mentioned Information shall be delivered to VisioBrand immediately upon VisioBrand’s request.
The above-mentioned obligations shall not be effective in the following cases:
a. the information is or becomes public without being represented in this manner by the Client, on condition that the information cannot be considered public because some of its parts are contained in public announcements or because of definite parts or combinations thereof are or become public;
b. if the information was legally known to others before its presentation without VisioBrand’s being liable for disclosure;
c. if the information was acquired by the others independently and without recourse to the information obtained from “VisioBrand”; or
d. if the information was legally presented and/or provided by a third party without the non-disclosure obligation.
In the event that any real or potential claims, disagreements, legal proceedings or other conflicts (including those with state authorities) regarding the Information about Products and transactions completed (hereinafter referred to as “conflicts”) arise, VisioBrand (and all VisioBrand’s officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) shall to the maximal possible extent provided by the law be relieved of involvement in conflicts and of participation in legal proceedings (on the side of the plaintiff, defendant, third party or in other forms).
IV.8. Warranty Disclaimer
THE CLIENT SHALL HEREWITH AGREE THAT THE CLIENT SHALL USE THE SERVICES PROVIDED BY VisioBrand AT OWN RISK. ALL THE SERVICES, WEB-PAGES, APPLICATIONS, SOFTWARE AND FEATURES ARE AVAILABLE “AS IS”, WHICH MEANS ABSENCE OF ANY GUARANTEES TO THE MAXIMAL LEGALLY PERMISSIBLE EXTENT.
THE CLIENT SHALL AGREE THAT VisioBrand DOES NOT GUARANTEE SUCCESS OR ANY RESULT IS CONSEQUENCE OF THE CLIENT’S USING THE SERVICES, WEB-PAGES, APPLICATIONS, SOFTWARE AND FEATURES OF VisioBrand.
VisioBrand DOES NOT GUARANTEE OPERATION OF ALL SYSTEMS, AUTOMATED SYSTEMS, SERVICES, WEB-PAGES, APPLICATIONS, SOFTWARE AND FEATURES OF VisioBrand AND/OR THE SITES LINKED TO FROM THE VisioBrand SITE.
IN THE EVENT THAT THE APPLICABLE LAW CONTAINS PROVISIONS THAT EXPAND THE LIMITS OF VisioBrand’s RESPONSIBILITY AS COMPARED WITH THOSE STATED ABOVE, THEN THE PROVISIONS OF THE APPLICABLE LAW THAT MAXIMALLY CORRESPOND TO THE SECTION Warranty Disclaimer SHALL BE USED.
IV.9. Limitation of Liability
ANY LIABILITY OF VisioBrand FOR DAMAGES, LOSSES, UNDRAWN PROCEEDS, FINES OR SURCHARGES THAT HAVE EMERGED AS A RESULT OF THE SYSTEM’S NON-OPERABILITY THROUGH THE FAULT OF VisioBrand SHALL BE RESTRICTED TO THE AMOUNT PREVIOUSLY PAID BY THE CLIENT IN ACCORDANCE WITH THIS AGREEMENT DURING THE LATEST ONE MONTH. THIS LIABILITY DOES NOT EXTEND TO INCLUDE ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE VisioBrand SERVICES, WEB-PAGES, APPLICATIONS, SOFTWARE AND FEATURES AND/OR THE SITES LINKED TO FROM THE VisioBrand SITE OR FOR ANY BREACH OF WARRANTY. NEITHER DOES THIS LIABILITY EXTEND TO INCLUDE ACTION AND/OR NON-ACTION OF THIRD PARTIES THAT HAVE RESULTED IN DAMAGES.
VisioBrand IS NOT LIABLE FOR DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS, PARTIALLY OR IN FULL, IN THE EVENT THAT THIS DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS IS CAUSED BY CIRCUMSTANCES AS A RESULT OF EXTRAORDINARY EVENTS, BEYOND CONTROL OF VisioBrand, WHICH VisioBrand HAS NOT BEEN ABLE TO FORESEE OR PREVENT. AS EXTRAORDINARY EVENTS, VisioBrand UNDERSTANDS FIRE, EARTHQUAKE, EPIDEMIC, FLOOD, STORM, OTHER NATURAL PHENOMENON, WAR OR WAR ACTIONS, ACTS OF TERRORISM, INTERNET OUTAGES, COMPUTER VIRUS ATTACKS, AND DECISIONS TAKEN BY STATE OR EXECUTIVE POWER AUTHORITIES WHICH ENTAIL VisioBrand’s INABILITY TO EXECUTE ITS OBLIGATIONS.
IV.10. Termination of Agreement
This Agreement can at any time be terminated by Client or by VisioBrand.
VisioBrand may terminate this Agreement on the grounds of the Client’s violation of this Agreement and/or other agreements and policies, or infringement of the rights of third parties, or without specifying the reason.
This Agreement shall be considered terminated from the moment of receiving a notification of termination of this Agreement from the Client (in case of termination of the Agreement on your part), or from the moment of VisioBrand’s sending a notification of termination of the Agreement to the Client (in case of termination of the Agreement on part of VisioBrand).
The Client shall not be obligated to effect payments in compliance with the Payments Section from the moment of termination of this Agreement. The payments effected by the Client for VisioBrand Services before that date shall not be reimbursed except for the cases when the termination of the Agreement was initiated by VisioBrand and was not connected with violation of terms of this Agreement on part of the Client. In the latter case, only the payments made in advance, i.e. payments effected for Services that actually have not been received yet, shall be reimbursed.
If for any reason the Client should not be satisfied with the Service, the payments made by the Clients shall be subject to reimbursement in full, less the bank commissions and fees, after receiving a correspondent notification of service termination sent by the Client by any convenient means. Such notification can be made within 30 days after the service activation. If the Website does not receive such a notification from the Client within 30 days after the service activation, no refund can be claimed by the Client on the grounds of his dissatisfaction with the Advertising Services of the Website.
In all instances of termination of this Agreement in connection with a fraud or abuse perpetrated by the Client, VisioBrand shall have the right not to reimburse any payments made by the Client.
IV.11. Communications
VisioBrand shall contact the Client at the postal and e-mail addresses indicated by the Client during the registration process. The Client may receive all kind of information from VisioBrand, including information connected with alteration of LEGAL PROVISIONS. VisioBrand’s notification is considered to be delivered to you from the moment of sending such notification by VisioBrand to the contact addresses provided by the Client. The Client shall be solely and completely responsible for receiving (or non-receiving) VisioBrand’s notifications sent to the addresses indicated by the Client.
IV.12. Arbitration and Applicable Law
All disputes, disagreements or claims that may arise out or in connection with this Agreement - should they be impossible to settle by means of negotiations - shall be submitted to the Swiss Court
(in Geneva).
This Agreement shall be subject to the law of Switzerland.
IV.13. Other conditions
From the moment of the Client’s starting to actually use VisioBrand Services, the Client shall be considered to completely and unconditionally accept the terms and conditions of this Agreement. VisioBrand may amend this Agreement and/or Privacy Policy at any time upon notice published on the site or by e-mail notification sent to the Client. If the Client continues using VisioBrand Services after the moment of such notification or publication, the Client shall be considered to have completely and unconditionally accepted the said changes.
Should any part of the present Agreement be found invalid or incomplete, it shall not affect the validity of the other parts or of the Agreement as a whole. In this case, the Parties shall conclude a Supplementary Agreement giving effect to a certain regulation, which is as close as possible to the one implied by the essence and purpose of the Agreement instead of the invalid or incomplete requirements.
All previous correspondence and negotiations that have taken place between the Client and VisioBrand shall lose their force after the Client accepts this Agreement.
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V. INTELLECTUAL PROPERTY POLICY
V.1. Common Provisions
VisioBrand cares about intellectual property rights of others and its own intellectual property.
Any information found on the VisioBrand site in any form (texts, pictures, sounds, melodies, etc. – hereinafter referred to as the “Information”) is or may be subject to copyright or industrial property right (patent, trademark, service mark and design) – hereinafter referred to “intellectual property”. Such information is subject to restrictions for its use imposed by its owner and/or by Law. Intellectual property objects are protected by laws of most countries.
The information from the VisioBrand site and the sites it links to should be treated carefully to avoid conflicts and legitimate claims on part of the information owners. Unauthorized copying of Information from the VisioBrand site and the sites it links to, and using the Information for commercial purposes is strictly forbidden.
VisioBrand is registered under a jurisdiction that is a member of the International Union for the Protection of Industrial Property (Paris Union) founded by the Paris Convention for the Protection of Industrial Property and International Union for the Protection of Literary and Artistic Works (Berne Union) founded by the Berne Convention for the Protection of Literary and Artistic Works.
VisioBrand adheres to the International Intellectual Property laws (http://www.wipo.int/about-ip/en/iprm/pdf/ch5.pdf) in any reasonable extension.
V.2. Intellectual Property of Third Parties.
VisioBrand provides services for promotion of Products, advertisement, marketing and other services.
VisioBrand provides its Clients with advertisement spots on the website. The Clients are enabled to post information on VisioBrand pages about the advertised goods and services, logotypes, trade and service marks, slogans, audio pieces, links to other websites and other intellectual property objects (hereinafter referred to as the “Information”).
Information that could be found on the VisioBrand website belongs to its respective Brand Owners. Unauthorized copying of Information from the VisioBrand site and the sites it links to, and using the Information for commercial purposes is strictly forbidden.
No third party can post information on the VisioBrand site on its own. However, third parties can suggest information for posting on the VisioBrand site by sending an e-mail to VisioBrand. This information may only be posted when approved by VisioBrand. Clients may provide the content regarding their respective brands to be published on the VisioBrand site. VisioBrand shall check the relevance of this content and publish it if the Client pays for the corresponding Advertising Services. VisioBrand shall post advertising information about the Client only after receiving a final approval from the Client for publishing this information on the VisioBrand site.
All the information is posted on the VisioBrand website only on consent of its owners. However, it should be noted that for obvious reasons VisioBrand is not in a position to trace the validity of rights of our Clients to the Information when this information is posted on our site. Therefore VisioBrand herewith disclaims any responsibility for the infringement of rights to the information and rights to the objects of intellectual property.
V.3. Limitation of VisioBrand’s Liability Regarding Infringement of Rights to Information and Intellectual Property Rights
VisioBrand shall not be held liable for any infringement of the rights to information and intellectual property rights. Nevertheless it undertakes a commitment in every case of receiving a notification of infringement of intellectual property rights to expeditiously take all reasonable measures to investigate such cases, inform interested persons and remove/change the false Information in accordance with the requirements of its owner.
If in the process of posting Information about the Client’s company, logotypes, trade and service marks, and intellectual property objects the Client has doubts in the legitimacy of such actions in terms of intellectual property ownership, the Client should abstain from such actions till the moment of clarification of all the above circumstances.
Should any infringement of rights to the Information or the intellectual property rights, or any signs of the said infringements be discovered, VisioBrand urges everyone to immediately get in touch with the legal department of VisioBrand. To expedite the process of considering such a claim, please the following information should be provided:
a. Link to the page containing the information that represents violation of someone’s rights and interests;
b. Description of the protected object or piece of work being infringed upon;
c. Claim content and substantiation of the fact that the information is unreliable, false or illegal;
d. Copies of patents, registration certificates and other proofs of ownership of the rights to Information that are being infringed upon;
e. Documented correspondence, legal or other documents regarding the disputed rights to Information should such be available;
f. Your contact data including postal address, telephone number and e-mail address.
In the event of disagreements regarding the infringement of rights to intellectual property objects, VisioBrand does not assume the role of arbitration; all the disagreements of this nature should be settled by the conflicting parties on their own.
This website contains links to websites operated by parties other than VisioBrand. These links are provided for convenience only. Clicking on one of them the surfer will leave the VisioBrand website. VisioBrand shall have no control over and will accept no responsibility or liability in respect to the materials on any website that is not under the control of VisioBrand.
V.4. VisioBrand Intellectual Property
All page contents of this website are the intellectual property of VisioBrand unless otherwise stated, except for:
a. the brand name logos [text(-s) and visual(-s)], which belong to their respective owners;
b. all information and materials provided directly by the Clients.
Reproduction and copying other than corresponding to the herein contained full copyright notice and limited reproduction permissions is prohibited.
License to copy for personal use
a. Printing extracts from these pages or downloading them to a local hard disk may take place for personal use only.
License to recopy for limited purposes
You may recopy the material to individual third parties for their personal information only, but only if:
a. You acknowledge the VisioBrand web page as the source of the material. You must include such acknowledgement and the VisioBrand web address (http://www.visiobrand.com) in the copy of the material; and
b. You inform the third party that these conditions apply to him or her and that he or she must comply with them.
This license to recopy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation), no part of the VisioBrand web pages may be distributed or copied for any commercial purpose.
No part of the VisioBrand web pages may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.
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VI. PRIVACY POLICY
VisioBrand Privacy Policy Notice describes the site’s information practices, i.e. what the site does with the information it collects from the Surfers visiting the site.
VisioBrand respects the privacy of every individual who visits the Site.
VisioBrand collects and uses the information about the Surfers ("Information collected") for the purposes of marketing, marketing research, sales studies, targeted advertisement and contact to the Surfers.
Information collected is any personal or demographic information that the site requests or provides an opportunity for the Surfers to provide in a form or by sending e-mail or by other means, independent of whether or not the Surfer actually provides the information.
Personal information (information that on its own can be associated with an identifiable individual and includes any of the following: name, postal address, e-mail address, telephone number, social security number, credit card number, fax number, etc.) is collected on the VisioBrand site only if it is provided voluntarily in the process of individual contacts. In every event of providing Personal information you have the choice as to the extent of the information provided, the manner of its further use and the parties it will be disclosed to.
“VisioBrand” collects Demographic information about its individual Surfers such as age, gender, education level, income, or preference information (e.g., hobbies, interests) that cannot be used on its own to identify an individual. Demographic information may be used in the aggregate to generally characterize the Surfers of the VisioBrand website, or when combined with personal information, can be used to develop a profile of an individual. This information is collected in all cases when it is provided voluntarily, and it is also collected automatically during the processing of data about the use of VisioBrand Services, during the process of making purchases, watching the advertised products and clicking on links.
Information collected may be used by VisioBrand, its subsidiaries and affiliates.
As part of VisioBrand services, VisioBrand provides links to sites of third parties and posts advertising banners of third parties on its pages. VisioBrand does not keep track of and is not responsible for the contents and privacy practices of the sites where the surfers get directed as a result of clicking on the hyperlink.
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VII. CONFIDENTIALITY COMMITMENT
With VisioBrand, the Members determine the right way they want to be contacted by Clients. The main goal of VisioBrand is to allow any Member community [interest groups] to speak to Clients and - the other way round - it shall enable the Clients to contact their communities via the perfect message and medium.
The anonymous profile system of VisioBrand (Unique Registration Profile - URP) guarantees 100% privacy and confidentiality of all Members.
Members can choose to complete the form at any time as they keep on using the site. Unlike many registration services offered in the Internet, VisioBrand sets itself apart in several ways:
a. Members interact anonymously with the Client(s) and thus maintain their personal privacy.
b. Members specify what they want to do with Brand(s) Owner(s) site(s).
c. Members can choose how often they receive information.
d. Members register one time and interact with thousands of Clients’ sites.
VisioBrand can modify this Privacy Policy. The updated Privacy Policy can at any time be found on this page. In applicable cases, VisioBrand may send a corresponding notification about an update in the Privacy Policy by e-mail or by other means of communication.
To receive a copy of your personal Information collected that you have provided to the VisioBrand site, please send us your corresponding request by filling out the contact form on our site. Such request should contain your full name and the e-mail address from where you are going to send the request and where the answer will be sent by VisioBrand. The requested information will only be sent if the indicated name and e-mail correspond to those in the VisioBrand records. You may modify or delete your personal Information collected by following the procedure described in the e-mail that you will receive.
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