Membership Software • Subscription Software • Content Management Software • Forum Management Software

VISIONGATE WEBSITE TERMS OF SERVICE

VisionGate is a sole-proprietorship. (herein referred to simply as
"VisionGate") operated by Twisted Pixel, LLC. The commercial and
communication services on the Web site, VisionGate, located on the
Internet at www.visiongateportal.com ("the Site"), are provided solely
at our discretion.
By using and/or registering to become a member of the site, you are
stating that you understand and agree to be bound by the terms and
conditions of this VisionGate user agreement (the "agreement"). Please
read the agreement. If you disagree with anything in this agreement,
please do not use the site or any services provided in connection with
the site.
If you have any questions regarding this Agreement, please feel free to
let us know at services@visiongateportal.com. SERVICES
To use the Site, you do not have to register to become a VisionGate
member ("Member"). As a Member, however, you will have access to
various services to which non-Members do not have access, some of which
will enable you and other VisionGate Members to interact with each
other ("Member Areas"). These Member Areas and services can include and
at our discretion, without limitation, the following:
- VisionGate Forums - VisionGate Member-to-Member Messages - VisionGate
Member Profiles - VisionGate Articles - VisionGate Features -
VisionGate Downloads - VisionGate Surveys - VisionGate Banner Ads If
you would like to register to become a Member, please complete our
membership registration form. When you do, you agree to: provide true,
accurate, current and complete information as prompted by the
registration form, maintain and update such information to keep it
true, accurate, current, and complete at all times, and that you are
the age that you state. If any information provided by you on the
registration form is untrue, inaccurate, not current or incomplete, or
if we have reasonable grounds to so believe, we have the right to
suspend or terminate your membership and to refuse to provide you with
any future membership. If we have reason to believe that you have
registered someone other than yourself, we will cooperate with any law
enforcement investigation that may result from such misrepresentations
and shall have the right, in our sole discretion, to disclose any
information you provided to us in connection with such registration.
VisionGate makes a good faith effort to prohibit registration as a
Member by, and will not knowingly connect or store personal information
from, children as governed by law.
We reserve the right to modify or discontinue, temporarily or
permanently, the Site (or any part thereof) with or without notice. You
agree that VisionGate shall not be liable to you or to any third party
for any such action. FEES
We reserve the right at any time to charge fees for access to new Site
content or services or to portions of the existing Site content or
services or the Site as a whole. In no event will you be charged for
access to any Site content or service, or to the Site as a whole,
unless we obtain your prior agreement to pay such charges. If you do
not consent to such charges, however, you may not have access to paid
content or service. SITE RULES
Following are some basic rules that apply to the Site and that you
agree to follow. If you violate any of the Site rules, or if we have
reasonable grounds to so believe, we have the right to deny you access
to the Site, to suspend or terminate your membership and to refuse to
provide you with any future membership. You agree not to use the Site
to upload, store, post, email or otherwise transmit any: - material
that is inaccurate, unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, sexually explicit, libelous,
invasive of another's privacy, hateful, racist, bigoted or otherwise
objectionable;
- material that you do not have a right to transmit under any law or
under contractual or fiduciary relationships;
- material that infringes any patent, trademark, trade secret,
copyright or other proprietary right of any party, advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes,
or any other form of solicitation, except where specifically permitted;
- or material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment. Additionally, you agree not to:
- impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any material transmitted through the Site; -
disrupt the normal flow of dialogue, cause a screen to scroll faster
than other users of the Site are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in
real-time exchanges; - interfere with or disrupt the Site or servers or
networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
- try to gain access to areas that are private to VisionGate
administrators or to other VisionGate users; - violate any applicable
local, state, national, or international law or any regulation having
the force of law; - stalk or otherwise harass another; - harm minors in
any way, including, without limitation, to establish unlawful contact
with minors (whether on or off the Site); - collect or harvest screen
names; collect or store personal data about other users of the Site; or
solicit or attempt to discover a user's password, screen name, or other
registration information without the user's express knowledge and
consent; - engage in or run raffles, lotteries, contests or
sweepstakes; - promote or provide instructions of information about how
to engage in illegal conduct or commit illegal activities, promote
physical harm or injury, or promote any illegal act; or - store any
information or use any Web page or directory you create for remote
loading or as a door or signpost to another Web page, whether inside or
outside the Site. You acknowledge that we do not prescreen material
posted or transmitted on the Site, but that we and our designees shall
have the right (but not the obligation) in our sole discretion to
review and edit, delete or refuse to post any material submitted for
display or placed on the Site, including but not limited to message
board posts, profiles, and member-to-member messages. Without limiting
the foregoing, we and our designees shall have the right to remove any
material that violates this Agreement, that we believe in good faith
may create liability for us, or that we deem is otherwise
objectionable.
You acknowledge and agree that we may preserve material and may
disclose material if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process; - enforce this Agreement; - respond to
claims that any material violates the right of third parties; or - in
our sole judgment, protect the rights, property, or personal safety of
VisionGate, its users and the public. PRIVACY
Our Privacy Policy states in full our policy regarding Member privacy;
see that document for more details. REFUNDS
Our Refunds Policy states in full our policy regarding refunds of
membership fees, fees paid for services, and/or fees paid for products;
see that document for more details. PUBLIC AREAS
A Public Area ("Public Area") of the Site is any area where you may
submit material ("Submissions") for viewing by others or view
Submissions of other VisionGate users, such as profiles, forums, or
award programs. In some of these areas, a Submission includes the name,
ID, nickname, and/or other information that would be displayed with the
submitted material, as applicable. You agree to use Public Areas in
accordance with the Agreement and any policies for the Public Areas
that are displayed on the Site. BY SUBMITTING MATERIAL TO A PUBLIC
AREA, YOU AGREE TO INDEMNIFY VisionGate AND HOLD IT HARMLESS FROM ALL
CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER,
INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM
SUCH SUBMISSION. By making a Submission to any Public Area, you
automatically grant VisionGate the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce, modify,
adapt, publish, translate, publicly perform and display and distribute
the content of the Submission (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or hereafter developed. You also permit any other user of the
VisionGate Site to access, view, store, or reproduce the Submission for
that user's personal use. LINKS
Our provision of a link to any other site or location is for your
convenience and does not signify our endorsement of such site or
location of its contents. VisionGate shall not be responsible for any
information, software, or links found at any other World Wide Web site,
Internet location, or source of information, for your use of such
information, or for e-commerce transactions conducted at or through any
linked site or location. DISCLAIMER OF WARRANTIES
You expressly agree that your use of the site, including, without
limitation, any material and/or data developed by VisionGate or by
third parties ("information providers"), is at your sole risk. The
site, and any content or materials available through the site, are
provided on an "as is" and "as available" basis and without warranty of
any kind, express, implied or statutory. VisionGate and the information
providers hereby expressly disclaim all such warranties including,
without limitation, any implied warranties or merchantability, fitness
for a particular use or purpose, title, or noninfringement, or any
warranty as to results that may be obtained through the use of the
site. VisionGate does not represent or warrant that the site will
function without interruption, that the site is error- or defect-free,
that any such defects or errors will be corrected, or that the site and
the server(s) that make the site available are free of viruses or other
harmful components.
No advice or information, whether oral or written, that you obtain from
VisionGate or otherwise through your use of the site shall create any
warranty on the part of VisionGate or the information providers.
Further, VisionGate and the information providers do not warrant or
represent that the use or the results of the use of any content or
materials made available through the site or from third parties will be
correct, accurate, timely, reliable or otherwise.
LIMITATIONS ON LIABILITY
In no event shall VisionGate, the information providers or any other
person or entity involved in creating or distributing the site be
liable for any direct, indirect, incidental, special or consequential
damages, however arising and under any theory of liability (including,
without limitation, tort, including negligence and strict liability,
breach of contract or breach of warranty), that result from your use or
inability to use the site, any changes to the site or this agreement,
unauthorized access to or alteration of your transmission of data, any
material or data sent or received or not sent or received, or any
transactions entered into through the site. VisionGate is not
responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property
rights.
If you are dissatisfied with the site or the services, content or
materials available on or through the site, your sole and exclusive
remedy is to discontinue using the site. The foregoing limitations on
liability shall be applicable even if VisionGate or the applicable
third party knew or should have known of the possibility of such
damages and notwithstanding the failure of essential purpose of any
limited remedy. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
ALLOCATION OF RISK
You agree that the disclaimer of warranties, limitations on liability,
and indemnification provisions set forth in this agreement represent
and agreed upon allocation of risk between you and VisionGate and form
an essential part of the basis of their bargain, without which
VisionGate would not enter into this agreement or provide the site.
OWNERSHIP OF MATERIALS
The contents of the Site, including without limitation text, software,
photos, graphics, and all other audiovisual elements are copyrighted by
VisionGate as a collective work under the United States copyright laws.
Except for material in the public domain, VisionGate and its licensors
hold copyrights to all content appearing on the Site. VisionGate
permits, without charge, the reproduction and distribution of
VisionGate material contained on the Site for non-commercial
educational and personal uses; provided that such materials remain
unaltered and are accompanied by a clearly visible copy of any
copyright notice appearing on such materials and by the Site's URL
(http://{siteurl}). The only exception to this is any VisionGate Award
graphic, link, text, criteria, rules, etc.. We retrain and reserve all
rights to this information. Other reproduction, distribution,
retransmission, modification, public display, and public performance of
such materials is prohibited without the prior written consent of
VisionGate. To obtain such consent, please contact us
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
VisionGate respects the intellectual property rights of others.
Pursuant to Title 17 U.S.C.512, as amended by Title II of the Digital
Millennium Copyright Act ("the Act"), VisionGate has implemented
procedures for receiving written notification of claimed copyright
infringements and for processing such claims in accordance with the
Act. If you believe your copyrights are being infringed by a Member,
please contact us.
The information requested by the Notice of Infringement Form
substantively complies with 17 U.S.C. 512(c)(3)(A), which provides: To
be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the designated
agent of a service provider that includes substantially the following:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material.
Information reasonably sufficient to to permit the service provider to
contact the complaining party such as an address, telephone number, and
if available, electronic e-mail address at which the complaining party
may be contacted. A statement that the complaining party has a good
faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law. A
statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed. Notification from a copyright owner or from a person
authorized to act on behalf of the copyright owner that fails to comply
substantially with the provisions above shall not be considered as
providing actual knowledge or an awareness of facts or circumstances
from which infringing activity is apparent. Please provide a Notice of
Infringement Form information each time you wish to report alleged acts
of infringement. Please note that VisionGate will terminate in
appropriate circumstances the account of any Member who repeatedly
posts infringing material on the Site. INDEMNIFICATION
You agree to hold harmless VisionGate and its Information Providers and
any other person or entity involved in creating or distributing the
Site, as well as each of their respective affiliates and their
respective directors, officers, employees and agents, from and against
any and all claims, liabilities, damages, losses, costs, fees
(including reasonable attorneys' fees) and expenses that such parties
may incur as a result of or arising out of your (or, in the case of
Members, anyone using your account's) use of, or conduct with respect
to, the Site. MODIFICATION OF AGREEMENT
You agree that VisionGate may change the terms and conditions of this
Agreement, unilaterally, and at any time, by conspicuously posting
notice of such change on the Site for a period of five (5) consecutive
days. Continued use of the Site after such notice will constitute your
acknowledgment and acceptance of the revised terms and condition.
GENERAL
This Agreement contains the complete and final statement of the
understanding between you and VisionGate with respect to, and
supercedes any and all prior or contemporaneous negotiations,
agreements or communications, whether written or oral, between you and
VisionGate concerning, the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or
governmental agency of competent jurisdiction to be invalid, illegal,
or unenforceable, such invalidity, illegality or unenforceability shall
not affect the remainder of this Agreement, which shall remain in full
force and effect and be enforced in accordance with its remaining
terms.
The waiver by VisionGate of a breach or default of any of the
provisions of this Agreement by you shall not be construed as a waiver
of any succeeding breach of the same or other provisions; nor shall any
delay or omission on the part of VisionGate to exercise or avail itself
of any right, power or privilege that it has or may have hereunder
operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any
claim or cause of action that you may have arising out of or related to
use of the Site or this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The
section titles in this Agreement are solely used for convenience and
have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive
termination of this Agreement will survive termination including
without limitation, the Site Rules, Public Areas, Links, Disclaimer of
Warranties, Limitations on Liability, Allocation of Risk, Ownership of
Materials, Indemnification, Choice of Law/Jurisdiction and Venue and
General sections of this Agreement.
If you purchase our hosting services, you are also bound by our Acceptable Use Policy.

If you purchase our software, you are also bound by our End-User License Agreement.
Please Read Our Terms of Service Before You Join Our Website

VISIONGATE WEBSITE TERMS OF SERVICE
