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The following terms and conditions govern all use of the vdsapps.com website and all content, services and products available at or through the website, including, but not limited to, EliteID, PerfectPass, RapIDadmin and all other services and content hosted at vdsapps.com and/or any of its subdomains and/or any associated domains and/or emails sent from vdsapps.com, its subdomains or associated domains, (taken together, the Website). The Website is owned and operated by Verification, LLC d/b/a Vision Database Systems (“VDS”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by VDS, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. In the event of a conflict between these Terms of Service and any other Agreement, VDS’s terms of service will govern.
Your vdsapps.com Account and Data. By accessing an account on the Website, you agree to be responsible for maintaining the security of your account, record data and/or photo(s), (“Account”); and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with the Account. You must not post any photos or other data to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and VDS may change or remove any data and/or photos that it considers inappropriate or unlawful, or otherwise likely to cause VDS liability. You must immediately notify VDS of any unauthorized uses of your Account, your data, or any other breaches of security. VDS will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you access an account, upload data, capture/import a photo to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the substance of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics/photos. By making Content available, you represent and warrant that:
the downloading, copying, printing, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if another party has rights to intellectual property you submit to VDS, you have either (i) received permission from the other party to post or make available the Content, or (ii) secured from the other party a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; and
your Content and printed materials are not presented in a manner that misleads others into thinking that you are another person or company.
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Responsibility of Website Visitors. VDS has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, VDS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. It is possible that Website users will submit Content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Furthermore, it is also possible that Website users will submit Content which contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. VDS does not endorse the submission of such Content and disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through websites and webpages to which the Website links, and that link to the Website. VDS does not have any control over those non-VDS websites and webpages, and is not responsible for their contents or their use. By linking to a non-VDS website or webpage, VDS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. VDS disclaims any responsibility for any harm resulting from your use of non-VDS websites and webpages.
Accessibility. While it is the intention of VDS that the Website be accessible to all people, there are some activities required by the Website, which are naturally inaccessible to some people with disabilities including but not limited to some visual impairments. As such, VDS will make all reasonable efforts to make the Website comply with the W3C's Web Content Accessibility Guidelines (WCAG) 2.1 Level A and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.1 for web content; however VDS does not warrant or guarantee that the Website complies with these or any other accessibility guidelines in cases where strict compliance would be unreasonable or inapplicable.
Copyright Infringement. As VDS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify VDS. VDS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. VDS will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of VDS or others. In the case of such termination, VDS will have no obligation to provide a refund of any amounts previously paid to VDS.
Intellectual Property. This Agreement does not transfer from VDS to you any VDS or third party intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with VDS. VDS, EliteID, PerfectPass, RapIDadmin, vdsapps.com, all product logos and all other trademarks, service marks, graphics and logos used in connection with vdsapps.com, or the Website are trademarks or registered trademarks of VDS or VDS’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any VDS or third-party intellectual property or trademarks.
Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using vdsapps.com within the designated notice period. Your continued use of vdsapps.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. VDS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If such a termination is determined by VDS, at VDS’s sole discretion, to be without cause, VDS will refund a portion of the annual subscription for each unused month. If you wish to terminate this Agreement or your vdsapps.com account (if you have one), you may simply discontinue using the Website. Your discontinued use of the Website does not obligate VDS to provide a refund of any amounts previously paid to VDS. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. VDS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VDS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will VDS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data; VDS shall have no liability for any failure or delay due to matters beyond their reasonable control. By using the Website, you agree that under no circumstances shall VDS by liable for any damages in excess of the amount already paid by you for your current annual subscription. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the VDS Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless VDS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between VDS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VDS, or by the posting by VDS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in West Palm Beach, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration rules of an arbitration service, which shall be selected by VDS. The arbitration shall take place in West Palm Beach, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; VDS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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