Wednesday, February 08th, 2012
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The Vizions global music community is a site dedicated to providing the "world's foremost music and entertainment" through online music distribution and promotion, social and business networking and statistical analysis.

We connect artists, fans, consumers, regions, labels, clubs and venues from across the world in hopes of influencing each other musically and socially.

Vizions.com
Changing the music industry one download at a time...

 
VIZIONS.COM TERMS OF SERVICE
Updated and Effective as of October 20, 2006

I. Ownership of Site; Agreement to TERMS OF SERVICE & USE

These Terms and Conditions of Use (the "Terms of Use") apply to the Vizions web site located at www.vizions.com, and all associated sites linked to www.vizions.com by Vizions, its subsidiaries and affiliates, including Vizions sites around the world (collectively, the "Site") as they apply. The Site is the property of Vizions Inc. ("Vizions") and its owners.

Vizions.com is a global interactive music and social network that allows various Member types to create customized profiles to display, interact, communicate, search, upload/download music (artists), and network.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Vizions.com). The term "User" refers to a Visitor, a Fan Member, an Artist/Musician Member, a Record Label Member or a Club/Venue Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No member may participate where doing so would be prohibited by any applicable law or regulation. This includes all internet connections regardless of location. This Agreement includes Vizions.com's policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and Vizions.com's Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@vizions.com, Subject: Terms of Use Agreement.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE AND/OR ITS SERVICES AND LEAVE IMMEDIATELY

II. Modifications

Vizions reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Vizions' sole discretion. The most recent version of this Agreement will be posted on the Vizions website. You agree to be bound to any and all changes to this Agreement when you use the Services after any such modification is posted. Although Vizions will provide notice of material changes to this Agreement on the Vizions website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Vizions in any way, Member's only recourse is to immediately: (1) discontinue use of Vizions and www.vizions.com; (2) terminate Vizions registration; and (3) notify Vizions of termination at termination@vizions.com.

III. Description of Services

As a member, you will be provided with a variety of services as described within the Vizions website. Depending on their user type, some members (ARTISTS, RECORD LABELS & CLUBS/VENUES) will have various services that don't apply to the basic user type ("FAN"). Members may also utilize certain additional services that might be offered as of current or within the future, including, but not limited to, e-commerce offerings, special promotional items or events and informational services.

IV. Vizions Members and Member Conduct

Use of Services by you, as Member, is subject to all applicable local, state, national, and international laws and regulations regardless of location of Member. Vizions reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Vizions guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Vizions, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Vizions deems appropriate and/or necessary to enforce its rights and pursue all available remedies. Without limitation, Vizions and www.vizions.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, but not limited to, email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, if in our view, your conduct fails to meet any of the following guidelines set forth by Vizions and www.vizions.com:
  1. Members shall not misrepresent their identity or impersonate any person, including, but not limited to, any musician, band, artist, record label, club or venue.
  2. Members may not use any materials, including, but not limited to, pictures, logos, trademarks, music, videos, and promotional materials to misrepresent any musician, band, artist, record label, club or venue, or any other identity other than their own.
  3. Members shall not promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or links to pirated music files, providing pirated computer programs or links to them, and/or providing information to circumvent manufacture-installed copy-protect devices.
  4. All artists, bands and/or musicians may only upload their own music files displaying their work. Any uploading of another's work is copyright infringement and anyone who chooses to partake in this illegal act will be held liable. Vizions will be held harmless of any and all liability in regards to copyright infringement conducted by any and all Members. Please see the copyright policy (make this a hotlink) below.
  5. Members shall not use any portion of the Vizions website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and all names affiliated with Vizions and www.vizions.com, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
  6. Members shall not include any and all photographs of other people who are not a part of that particular Member's account without the prior consent from any and all people displayed within their account.
  7. Members shall not contain any restricted or password only access pages, as well as hidden pages or images, whether they are linked to, not linked to or from another accessible page.
  8. Members shall not use any portion of the Vizions website or the Services for acts of racism, offensive material, bigotry, hatred, and/or physical harm and abuse of any kind toward any group or individual within the site.
  9. Members shall not use any portion of the Vizions website or the Services for uploading, posting, emailing, transmitting, or otherwise make available "junk mail", commercial advertisements, "chain letters", SPAM or any other form of commercial solicitation.
  10. In pursuant with this agreement, Members may NOT sell any and all goods and/or services, whether they are of a material or non material nature, within the Vizions community at any time unless it is through a service offered directly and soley by Vizions Inc. and www.vizions.com
  11. Members shall not attempt to interfere with any other person's use of the Services provided by Vizions and www.vizons.com.
  12. Members shall not attempt to interfere with any other members' accounts including, but limited to, their settings, email, personal information, media, graphics, and/or any information provided by any member.
  13. Members shall not upload photos, graphics, videos or other content that contain or promote illegal substances or activities, including, but not limited to copyright infringement, patent infringement, theft of trade secrets, underage drinking and/or smoking, substance abuse, drug trafficking, weapons use, gang affiliation, gambling, stalking, violence, acts of terrorism, harassment, computer fraud, hacking or viruses, exploitation of people in a sexual or violent manner, child pornography and obscenity, defamatory and/or of a libelous nature.
  14. Members shall not provide instructional information about illegal activities such as making, buying and/or promoting illegal weapons, acts of terrorism, violating someone's privacy, copyrighted material and/or their identity, and providing and/or creating computer viruses and computer hacking/fraud information.
  15. Members shall not post any content that displays pornographic or sexually explicit material of any kind.
  16. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18.
  17. Members shall not use any portion of the Vizions website or the Services for uploading, posting, emailing, broadcasting, transmitting, or otherwise making available messages that are harmful to minors in any way, shape or form.
  18. Members shall not provide any telephone numbers, street addresses, last names, URLs or email addresses for commercial or unlawful purposes from other Users.
  19. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Vizions website and www.vizons.com.
  20. Members shall not attempt to gain unauthorized access to Vizions' database, servers, coding, passwords or any and all other computer devices and/or programs.
  21. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Vizions in connection with the Vizions website or the Services provided.
  22. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services provided or the Vizions website.
  23. Members shall not use any portion of the Vizions website or the Services provided for any unlawful purpose(s).
  24. No copyright infringement of any nature, including, but not limited to, photos, trademarks, logos, patents, fonts, music, videos, media, graphics and/or names. Copyright infringement rules will be applied to all members of the Vizions website.
Vizions reserves the right to investigate any and all infringements of the guidelines set forth either above or throughout this agreement. Vizions may, but is not responsible to do so, contact the Member of their infringement and ask them to remediate it immediately. Vizions also reserves the right to remove any Member, it feels in its sole discretion, from the Vizions community at any time for violating any Vizions guidelines found throughout this agreement, and/or may take appropriate legal action against anyone who, in Vizions and www.vizions.com's sole discretion, violates the provisions set forth from this agreement, including without limitation, reporting you to law enforcement authorities

V. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Vizions and www.vizions.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Vizions and www.vizions.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
  1. Identify the copyrighted work or other intellectual property that you claim has been infringed
  2. Identify the material on Vizions that you claim is infringing, with enough detail so that we may locate it on the Vizions website
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  4. A statement by your declaring under penalty of perjury that, (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
  5. Your address, telephone number, and email address
  6. Your physical or electronic signature
Vizions Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent, Vizions, Inc. P.O. Box 30112, Tucson, Arizona 85751
Facsimile: 520-577-6775
Attn: Copyright Agent;
And/Or Email to: copyrightagent@vizions.com.

VI. Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges that messages, files or other materials ("Content") contained on the Vizions website and within Vizions email messages, blogs, comments, message boards, and profiles, along with third party advertisements on the website and/or distributed via email, of a commercial nature and presented to Member by Vizions and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Vizions Content or third party Content only as expressly authorized by Vizions or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from Vizions Content or third party Content without expressly being authorized to do so by Vizions or the third party advertiser. Member may make a copy of the Vizions Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Vizions does not claim ownership of content that its Member's may provide to Vizions, by providing content to Vizions, Members automatically grant, and represent and warrant that they have the right to grant, to Vizions, a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licenseable, license to use, copy, perform, display, and distribute said content.

VII. Privacy

Vizions has established a Privacy Policy to explain to all Members how the Vizions website is used, as well as how all of the Members information is collected, handled and utilized. Member's use of the Vizions website or the Services signifies acknowledgment of and agreement to Vizions' Privacy Policy. Members further acknowledge and agree that Vizions may disclose Member's personal information 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, or to protect the rights, property, or personal safety of Vizions, its employees, subsidiaries, affiliates, owners, officers, investors, assigns, directors, successors, agents, users and third parties, and the public, or as otherwise described in the Privacy Policy. Members also acknowledge that the Privacy Policy is incorporated into this Agreement and thereby agree to the terms set for by the Privacy Policy as well. Please refer to our privacy policy for further information by clicking; http://www.vizions.com/help_vizions_policies_tos.php.

VIII. Member Password, Account & Profile

Once a User registers for Vizions, they will become a Member of the Vizions community and its Services according to their user type, and will have an account and password set up. Each Member is responsible for maintaining the confidentiality of their password and account, and is solely responsible for the Content that you post on or through any of the Services and Profiles, and any material or information that you transmit to other Members and for your interactions with other Users/Members. Please read the Content section below for further information regarding Content. Vizions does not endorse nor have control over the Content that is posted by all Members and Users, and Content may not necessarily be reviewed by Vizions or www.vizions.com prior to a Member or User posting or communicating any Content. While Vizions does not review all Content posted within the Community, it is noted that Vizions makes no warranties, expressed or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Member is entirely responsible for any and all activities that occur under Member's account and profile. Member agrees to immediately notify Vizions of any unauthorized use of Member's account, password, or profile or any other breach of security known to Member.

Membership Guidelines:
  1. Upon registration, you represent and warrant that (1) all registration information you submit is truthful and accurate; (2) your information will be maintained to its accuracy; (3) you are 14 years of age or older; and (4) your use of the Services contained in www.vizions.com does not violate any applicable law or regulation.
  2. If, for any reason, Vizions and/or www.vizions.com believes you to be under the age of 14, Vizions and www.vizions.com has the right, in its sole discretion, to terminate your profile without warning or notification.
  3. Duration - This Agreement constitutes an entire agreement between Member and Vizions and governs your use of Vizions and the Services provided, superseding any prior agreements between Member and Vizions that might have come before. This Agreement shall remain in effect and be fully enforceable while you are a Member of the Vizions Community and using the Services provided by www.vizions.com. You may terminate your Membership (your profile and your account) at any time, for any reason by (we need to decide where and put that link in here). You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Vizions and www.vizions.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  4. Vizions and www.vizions.com may terminate your Membership and account at any time, without warning. Whether a Member terminates their Membership or Vizions and www.vizions.com terminates your Membership, this Agreement will remain in effect.
  5. Fees - You acknowledge that Vizions and www.vizions.com reserves the right to charge for any and all of its Services and reserves the right, in its sole discretion, to change its fees at any time, should it choose to do so. While fees only apply to specific aspects of the site, Vizions and www.vizions.com reserves the right to change its fee structure or amount at any time, in its sole discretion. Non-paying Members acknowledge a FREE Membership, also known as a FAN Membership, does not allow them some of the accessibility to additional Services that are otherwise provided to that of Paying Members. Vizions reserves the right to terminate ANY Membership, regardless of Fees, at any time and without warning. If Vizions and www.vizions.com terminates your Membership and account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees or available downloads. Subscription Fees are subject to a guaranteed refund within the first 30 days of sign up. However, after the initial 30-Day Money Back Guarantee all sales of subscription fees are final.
  6. Downloads - All Members have the ability to download music within www.vizions.com. Download packages may be purchased at various prices and Vizions, in its sole discretion, may change those prices at any time. All download sales are FINAL.
  7. The Services within www.vizions.com are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Vizions and www.vizions.com. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member Profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

IX. Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM VIZIONS, AND ACKNOWLEDGE AND AGREE THAT THEIR E-MAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY VIZIONS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

X. Content on Vizions.com
  1. Vizions and www.vizions.com may delete any Content that in the sole judgment of Vizions and www.vizions.com, violates this Agreement or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. Vizions and www.vizions.com assumes no responsibility for monitoring the Services offered by www.vizions.com for inappropriate Content or conduct. If at any time Vizions and www.vizions.com chooses, in its sole discretion, to monitor the Services, Vizions and www.vizions.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User/Member submitting any such Content.
  2. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services of www.vizions.com, you herby grant to Vizions, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through www.vizions.com Services. This license will terminate at the time you remove such Content from www.vizions.com's services.
  3. You represent and warrant that: (1) you own the Content posted by you on or through www.vizions.com Services or otherwise have the right to grant the license set forth in this section, and (2) the posting of your Content on or through www.vizions.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through www.vizions.com Services.
  4. The Services contain Content of Vizions and www.vizions.com ("Vizions.com Content"). Vizions and www.vizions.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Vizions and www.vizions.com owns and retains all rights in www.vizions.com Content and the Services.

XI. Termination

Either party may terminate use of the Vizions website or the Services contained therein with or without cause at any time and effective immediately upon written notice to the other party. Written notice includes, but is not limited to, letter by mail, facsimile or electronic mail, otherwise known as e-mail. All Paying Members of the site must notify of their termination via e-mail and facsimile (520-577-6775). Vizions may terminate with or without cause at any time and effective immediately, at Vizions sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Vizions shall not be liable to Member or any third party for termination of use of Vizions or the Services. Member's right to use Vizions or the Services shall cease immediately. Member shall have no right and Vizions will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Roman Numerals I through XI shall survive termination of the Agreement.

XII. Disputes

Any controversy or claim arising out of or relating to this Agreement, Vizions, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tucson, Pima County, Arizona and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Vizions may seek any interim or preliminary relief from a court of competent jurisdiction in Pima County, Arizona necessary to protect the rights or property of you or Vizions (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If there is a dispute between participants on this site, or any third party, Vizions is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Vizions, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

XIII. Member Disputes

You are solely responsible for your interactions with other www.vizions.com Members. Vizions and www.vizions.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

XIV. Disclaimers of Warranties

MEMBER AGREES THAT USE OF THE VIZIONS WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE VIZIONS WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VIZIONS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE VIZIONS WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VIZIONS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VIZIONS WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE VIZIONS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VIZIONS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE VIZIONS WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Vizions and www.vizions.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on www.vizions.com may contain links to other websites. Vizions and www.vizions.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Vizions and www.vizions.com. Inclusion of any linked website on www.vizions.com does not imply approval or endorsement of the linked website by www.vizion.com. When you access these third-party sites, you do so at your own risk. Vizions and www.vizions.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Vizions and www.vizions.com is not responsible for the conduct, whether online or offline, of any User of the Services. Vizions and www.vizions.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Vizions and www.vizions.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Vizions and www.vizions.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Vizions and/or www.vizions.com event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Vizions and www.vizions.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Vizions and www.vizions.com cannot guarantee and does not promise any specific results from use of the Services.

XV. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL VIZIONS BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE VIZIONS WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE VIZIONS WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE VIZIONS WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE VIZIONS WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VIZIONS WEBSITE OR THE SERVICES OR ANY LINKS ON THE VIZIONS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VIZIONS WEBSITE OR THE SERVICES OR ANY LINKS ON THE VIZIONS WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

XVI. Indemnification

You agree to indemnify and hold Vizions and www.vizions.com, its employees, subsidiaries, affiliates, owners, officers, investors, assigns, directors, successors, agents, users and third parties, service providers and the public, harmless from any dispute, loss, liability, claim, or demand, including reasonable attorney's fees and court costs, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the services cause Vizions and www.vizions.com to be liable to another.

XVII. Governing Law

This Agreement and the relationship between Member and Vizions shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Vizions, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Vizions makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

Contacting Vizions

Users with questions about this Terms of Service and any of the aforementioned statements may contact Vizions at tos@vizions.com.

Updated and Effective as of October 20, 2006


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