Last modified: July 30, 2013
- “Content” is information from the Site, made accessible by Visible Legacy in its sole discretion. For example, Content can include static elements, such as trademarks, images, and icons, and dynamic elements, which include, but are not limited to, images, filters, keywords, projects, collaborators, organizations, summaries, text, active links or other source identifiers, and employee or employer related information or other similar materials.
- The “Marks” are trademarks, service marks, logos and trade names of Visible Legacy, including without limitation Visible Legacy’s trademark, Visible Legacy.
- “Proprietary Rights" mean any and all rights, title, ownership and interest in and to copyrights, algorithms, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.
- License Grant. Visible Legacy grants you a limited, revocable, non-exclusive license to download and use the Widget to display Content on your website, and to display Marks as served by the Widget.
- License Restrictions. You may not:
- charge a fee for the use of the Widget without our written approval;
- reverse engineer, modify, or alter the Widget;
- modify, obscure, or interfere with the display of any Content or Marks displayed by the Widget;
- display the Widget in a manner that does not permit successful linking to, redirection to or delivery of the Content;
- insert any intermediate page, splash page or other content between the Widget and the Visible Legacy Content;
- display the Widget on any site that disparages Visible Legacy or its products or services, infringes any Visible Legacy intellectual property or other rights, violates any applicable law, or is threatening, vulgar or otherwise inappropriate as we determine, in our sole discretion;
- sublicense, redistribute or republish the Widget.
Support Updates and Modifications
Visible Legacy may not offer any technical or maintenance support for Widgets. Visible Legacy may offer upgrades or updates to Visible Legacy Widgets at its sole discretion.
Fees and Payments
Visible Legacy reserves the right at any time to charge fees for future use of or access to Widgets, Widget Content or related Services at Visible Legacy's sole discretion. In no event will you be charged fees unless we obtain your prior agreement to pay such charges, although, if you decline to pay such charges, you may be required to remove Visible Legacy Widgets from your website, devices, or platform.
Visible Legacy may change, suspend, or discontinue any aspect of the Widget at any time, or restrict your access to parts or all of the Content or the Site without notice or liability. Visible Legacy may terminate your license without notice at any time, with or without cause, by ceasing to support the Widget or the Content or by forbidding you to use the Marks or by any other means.
Disclaimer of Any Warranty
VISIBLE LEGACY DOES NOT REPRESENT OR WARRANT THAT THE WIDGET OR THE CONTENT IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.THE WIDGET AND THE CONTENT ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND VISIBLE LEGACY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL VISIBLE LEGACY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THIS LIMITATION SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF VISIBLE LEGACY IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless Visible Legacy and its subsidiaries, affiliates, officers, agents, employees, representatives and agents from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (i) your use of the Widget, Content or Marks, or (ii) your website, including without limitation infringement of the Proprietary Rights or other rights of any third party.
- No Waiver. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.