Terms Of Use

Last updated: August 10, 2012

THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE.

Acceptance of the Terms and Conditions

This Terms of Use Agreement (this “Agreement”), states the terms and conditions under which you may use the website operated by Visualized Group, LLC (“Visualized”) located at www.visualized.com and all Content and Services available therein (the “Site”). Please read this Agreement carefully. This Site contains various information in the form of data, text, graphics, news, repots and other materials relating to the advertising industry (collectively, the “Content”). By accessing, browsing and/or using this Site and the services available through the Site (the “Services”) you (also referred to herein as a “End User”) acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

United States Use Only

This Site is intended to be used only by End Users who are residents of the United States. End Users who access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws.

Intellectual Property Rights

You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Visualized Group, LLC or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Linking and Framing

This Site may periodically provide links to third party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. You may not frame any elements of this Site with any other website.

Copyright Complaints

If you believe this Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures: click here.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) on this Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Visualized may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Visualized is free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Visualized a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Advertisements on this Site

Visualized, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Visualized. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

Security of the Site

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Visualized reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Visualized will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

General Disclaimers DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF VISUALIZED, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “VISUALIZED PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF VISUALIZED PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF VISUALIZED PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF VISUALIZED PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF VISUALIZED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS VISUALIZED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Indemnification

You agree to make Visualized whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.

Use of Personal Data

Your use of the Site may involve the transmission of your personally-identifiable information (the “Personal Data”) to us. Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Termination and Content Removal

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us at Visualized Group, LLC 2370 Market Street, Ste 322, San Francisco, CA 94114 or via e-mail at: info@visualized.com. Your access to the Site will be terminated within 24 hours of our receipt of your notice of termination.

Visualized reserves the right, in its sole and absolute discretion, to remove and/or take down any Content, Unsolicited Submissions, Personal Data and/or other information, data or materials that you may provide or that are otherwise posted and/or made available on the WebSite, without penalty.

Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, General Disclaimers, Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release Visualized Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, except with regard to its conflicts or choice of law rules. This Agreement, contains the entire agreement of the parties concerning for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Visualized.

Visualized Conference Refund Policy

No refunds will be issued.

Visualized Group, LLC 2370 Market Street, Ste 322 San Francisco, CA 94114


PRIVACY POLICY

This Privacy Policy sets forth Visualized’s policy with respect to the Personal Data that is collected from End Users through the Site. All capitalized terms not defined herein shall have the meaning attributed to them in the .

By voluntarily providing us with your Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Visualized and the authorized third parties referred to herein located in the United States and in other countries.

What Personal Data Do We Collect?

Information That You Give Us: We collect Personal Data from you when you voluntarily choose to register for certain Services at this Site (such as receiving e-mail newsletters), respond to a survey, or contact us with comments or inquiries.

Aggregated Personal Data: In an ongoing effort to better understand our End Users, Visualized may analyze the Personal Data that is provided to the Site in aggregate form. This aggregate information does not identify you personally. Visualized may share this aggregate data with its affiliates, agents and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Other Data:

Passively Collected Information: When you interact with Visualized through the Site, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Visualized may store such information itself or it may be included in databases owned and maintained by Visualized affiliates, agents or service providers. Visualized may use such information and/or pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers.

Cookies: In operating this Site, we will use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Site gives to your computer when you access a Web site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

How Do We Use Your Personal Data?

Visualized uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. Visualized may also use your Personal Data and other personally non-identifiable information collected through the Site to (i) administer the Site, (ii) respond to Submissions made to the Site, (iii) improve the Content and functionality of the Site, (iv) understand and respond to End Users’ interests and preferences, (v) improve Services offered via the Site, (vi) provide you with information regarding Visualized and/or third party products and services you may be interested in purchasing, (vii) market, sell and/or distribute Visualized products and services, and (viii) market, sell and/or distribute third party products and services. If Visualized intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Do We Share the Information that We Receive?

Visualized may share your Personal Data with certain third parties without notice to you including:

Agents, Consultants and Related Third Parties: Visualized, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we will use commercially reasonable efforts to only provide them with the information that they need to perform their specific function.

Legal Requirements: Visualized may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect and defend the rights or property of Visualized, (c) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (d) protect against legal liability.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, sale of assets or similar event, Personal Data may be part of the transferred company and/or assets.

What Are Your Choices?

As outlined in this Privacy Policy, you can always choose not to provide your Personal Data to the Site, however doing so may prevent you from obtaining certain information or using other valuable Services.

Children.

Visualized does not knowingly collect Personal Data from children under the age of 13 through this Site. If you are under thirteen, please do not give us any Personal Data. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provider Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Visualized through this Site, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites

This Privacy Policy applies only to this Site and not to any Third Party Sites. We suggest contacting those sites directly for information on their privacy, security, data collection and distribution policies.

Unsolicited Information

This privacy policy shall not apply to any Unsolicited Information you provide to the Site.

Security

We take commercially reasonable steps to protect Personal Data provided to this Site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Visualized or to any other party via the Internet.

Other Terms and Conditions

Your access to and use of this Site is subject to the Terms of Use which is hereby incorporated by reference.

Changes to the Privacy Policy.

The Site and our business change constantly. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will exercise commercially reasonable efforts to update or correct Personal Data in our possession that you have previously submitted via this Site. We also welcome questions regarding the Site and our policies.

You may contact us as follows:

Visualized Group, LLC 2370 Market Street, Ste 322 San Francisco, CA 94114