{"id":7021,"date":"2017-07-18T20:25:58","date_gmt":"2017-07-18T20:25:58","guid":{"rendered":"https:\/\/www.viewfoo.com\/?page_id=7021"},"modified":"2017-07-18T20:28:47","modified_gmt":"2017-07-18T20:28:47","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/www.viewfoo.com\/terms-of-use\/","title":{"rendered":"Terms Of Use"},"content":{"rendered":"[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” top_padding=”60″ bottom_padding=”60″ overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_shadow=”none” width=”1\/1″ tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid”][vc_column_text]\n
Welcome to ViewFoo.pro. Please read these terms of service (these “Terms”) carefully as they form a contract between you and the ViewFoo LLC entity listed in Section 17 of these Terms (“ViewFoo Pro”, \u201cViewFoo\u201d, “we”, “us”, or “our”) that governs your access and use of:<\/p>\n
(i)<\/strong>\u00a0the hosted storage solution provided by ViewFoo for online viewing, sharing, storing, and processing of files, materials, data, text, audio, video, images or other content (collectively, “Content”); By registering or using any of the Services you agree to be bound by these Terms.<\/strong>\u00a0If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to ViewFoo that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with ViewFoo and are not barred under any applicable laws from doing so.\u00a0IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES<\/strong>.<\/p>\n Please note that ViewFoo doesn’t provide warranties for the Services. This contract also limits our liability to you. See Sections 14 and 16 for details.<\/p>\n We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the ViewFoo website. Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you via the Service and\/or by email to the email address associated with your account. Notice of other changes may be provided via www.Viewfoo.pro (the “Site”) or related ViewFoo blogs. Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don’t agree to any of the changes, we’re not obligated to keep providing the Service, and you must cancel and stop using the Service.<\/p>\n You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.<\/p>\n To obtain access to certain Services, you may be required to obtain an account with ViewFoo (become a “Registered User”), by completing a registration form and designating a user ID and password. When registering with ViewFoo you must:<\/p>\n (a)<\/strong>\u00a0provide true, accurate, current and complete information about yourself as requested by the Service’s registration form (such information being the “Registration Data”) and Only you may use your ViewFoo account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account. ViewFoo will not be liable for any loss or damage arising from any unauthorized use of your accounts.<\/p>\n If a third party such as an employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store Content in your account. If you are an individual Registered User of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establishes a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between ViewFoo and such organization and controlled by such organization.<\/p>\n By registering with ViewFoo, you understand that we may send you communications or data regarding the Services, including but not limited to<\/p>\n (a)<\/strong>\u00a0notices about your use of the Services, including any notices concerning violations of use, Except for material that we license to you, we don’t claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don’t control, verify, or endorse the Content that you and others make available on the Service. We provide functions that allow you to control who may access your Content. If you enable the features that allow you to share the Content with others, anyone you’ve shared content with (including the general public, in certain circumstances) may have access to your Content.<\/p>\n You hereby grant Viewfoo and its contractors the right, to use, modify, adapt, reproduce, distribute, display and disclose Content posted on the Service solely to the extent necessary to provide the Service or as otherwise permitted by these Terms. You represent and warrant that:<\/p>\n (a)<\/strong>\u00a0you have all the rights in the Content necessary for you to use the Service and to grant the rights in this Section; and, You must immediately notify Viewfoo in writing of any unauthorized use of any<\/p>\n (a)<\/strong>\u00a0content The Service is provided from the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the United States. Viewfoo reserves the right to store and process personal information outside of the United States, and will use commercially reasonable efforts to provide you with at least 30 day notice of any such changes in the processing location.<\/p>\n We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for:<\/p>\n (a)<\/strong>\u00a0the actual or suspected violation of these Terms; Upon termination by ViewFoo, for reasons other than cause, or at your direction, you may request access to your Content, which we will make available for an additional fee. You must make such request with thirty (30) days following termination. Otherwise, any Content you have stored with the Service may not be retrievable, and we will have no obligation to maintain any data stored in your account.<\/p>\n In addition to other termination provisions, if your account it not currently subject to a paid subscription plan with us, we at our discretion may terminate your account if:<\/p>\n (a)<\/strong>\u00a0you do not engage in any activity in your account within thirty (30) days after becoming a Registered User, or You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or ViewFoo and\/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by ViewFoo) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:<\/p>\n (a)<\/strong>\u00a0modify, alter, tamper with, repair or otherwise create derivative works of any Software; (i)<\/em><\/strong>\u00a0engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (1)<\/em>\u00a0containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (v)<\/em><\/strong>\u00a0store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (i)<\/strong>\u00a0interfere with or disrupt servers or networks used by ViewFoo to provide the Service or used by other users’ to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Software or the Service; ViewFoo reserves the right, in its sole discretion, to deactivate, change and\/or require you to change your ViewFoo user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services for any reason or for no reason. ViewFoo may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.<\/p>\n ViewFoo reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.<\/p>\n If you receive Software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software. We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software. Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software. The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the Software or Service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department’s compliance list at\u00a0http:\/\/www.bis.doc.gov\/complianceandenforcement\/liststocheck.htm<\/a>). You represent and warrant that you’re not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.<\/p>\n All transactions using ViewFoo’s services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, ViewFoo is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. ViewFoo shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.<\/p>\n
\n(ii)<\/strong>\u00a0software and or technology provided or made available by ViewFoo (the “Software”);
\n(iii)<\/strong>\u00a0the ViewFoo websites or applications; and,
\n(iv)<\/strong>\u00a0any written or electronic use or features, guides or other documentation provided or made available by ViewFoo (the “User Guides”) (collectively the “Service(s)”).<\/p>\n\n
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\n(b)<\/strong>\u00a0maintain and promptly update the Registration Data to keep it true, accurate, current and complete. ViewFoo may withdraw such approval at any time in its sole discretion, with or without cause.<\/p>\n\n
\n(b)<\/strong>\u00a0updates, and
\n(c)<\/strong>\u00a0promotional information and materials regarding ViewFoo’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.<\/p>\n\n
\n(b)<\/strong>\u00a0the storage, use or transmission of the Content doesn’t violate any law or these Terms. You will:
\n(a)<\/strong>\u00a0be solely responsible for the nature, quality and accuracy of the Content;
\n(b)<\/strong>\u00a0ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations;
\n(c)<\/strong>\u00a0promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and
\n(d)<\/strong>\u00a0maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Viewfoo will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.<\/p>\n
\n(b)<\/strong>\u00a0any Account or
\n(c)<\/strong>\u00a0the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Viewfoo with such cooperation and assistance related to any such unauthorized use as Viewfoo may reasonably request.<\/p>\n\n
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\n(b)<\/strong>\u00a0the use of the Services in a manner that may cause Viewfoo to have legal liability or disrupt others’ use of the Services;
\n(c)<\/strong>\u00a0the suspicion or detection of any malicious code, virus or other harmful code by you or in your account;
\n(d)<\/strong>\u00a0scheduled downtime and recurring downtime;
\n(e)<\/strong>\u00a0use of excessive storage capacity or bandwidth; or
\n(f)<\/strong>\u00a0unplanned technical problems and outages. If, in Viewfoo’s determination, the suspension might be indefinite and\/or Viewfoo has elected to terminate your access to the Service, Viewfoo will use commercially reasonable efforts to notify you through the Service. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.<\/p>\n
\n(b)<\/strong>\u00a0you do not engage in any activity in your account for any period of one-hundred and twenty (120) consecutive days. In the event of such termination, any Content you may have stored will be lost.<\/p>\n\n
\n(b)<\/strong>\u00a0reverse engineer, disassemble or decompile the software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
\n(c)<\/strong>\u00a0use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service (“Policies”);
\n(d)<\/strong>\u00a0sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
\n(e)<\/strong>\u00a0remove, obscure or alter any proprietary rights notice pertaining to the Service;
\n(f)<\/strong>\u00a0access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
\n(g)<\/strong>\u00a0use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
\n(h)<\/strong>\u00a0use the Service to:<\/p>\n
\n(ii)<\/em><\/strong>\u00a0send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
\n(iii)<\/em><\/strong>\u00a0advertise or promote a commercial product or service that is not available through ViewFoo unless your account is subject to a small office, home office, business or enterprise subscription;
\n(iv)<\/em><\/strong>\u00a0store or transmit inappropriate Content, such as Content:<\/p>\n
\n(2)<\/em>\u00a0containing any material that encourages conduct that could constitute a criminal offense, or
\n(3)<\/em>\u00a0that violates the intellectual property rights or rights to the publicity or privacy of others;<\/p>\n
\n(vi)<\/em><\/strong>\u00a0abuse, harass, stalk or otherwise violate the legal rights of a third party;<\/p>\n
\n(j)<\/strong>\u00a0access or attempt to access ViewFoo’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
\n(k)<\/strong>\u00a0cause, in ViewFoo sole discretion, inordinate burden on the Service or ViewFoo’s system resources or capacity; or
\n(l)<\/strong>\u00a0share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.<\/p>\n\n
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