ViSoft360 Terms of Service

Last modified: March 1, 2018


Welcome to ViSoft360

Thanks for using our products and services (“Services”). The Services are provided by ViSoft GmbH („ViSoft“), Mercedesstraße 19, 71063 Sindelfingen, Germany.

By using our Services, you are agreeing to these terms.Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not ViSoft’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your ViSoft360 Account

You may need a ViSoft360 Account in order to use some of our Services. You may create your own ViSoft360 Account, or your ViSoft360 Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a ViSoft360 Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

Privacy and Copyright Protection

ViSoft360 Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that ViSoft can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

Your Content in our Services

Some ofour Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You can find more information about how ViSoft uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

ViSoft gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ViSoft as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ViSoft, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. ViSoft may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER VISOFT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, VISOFT, AND VISOFT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VISOFT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, VISOFT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ViSoft and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between ViSoft and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

These Terms of Use and any dispute arising out of or relating to these Terms of Service are governed by German law, excluding the CISG. This choice makes no representation regarding the law that is applicable to this service itself.

Privacy Policy

Last modified: March 1, 2018


There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a ViSoft360 Account , we can make those services even better – to show you more relevant search results and ads, to help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.

Our Privacy Policy explains:

  • What information we collect and why we collect it.

  • How we use that information.

  • The choices we offer, including how to access and update information.

If you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to ViSoft so whether you are new to ViSoft or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us.

Information we collect

We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like the people who matter most to you online.

We collect information in two ways:

  • Information you give us. For example, many of our services require you to sign up for a ViSoft 360 Account. When you do, we’ll ask for personal information , like your name, email address, date of your birth. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible ViSoft360 Profile, which may include your name and photo.

  • Information we get from your use of our services. We may collect information about the services that you use and how you use them and interact with our content. This information includes:

    • Device information

      We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). ViSoft may associate your device identifiers with your ViSoft360 Account.

    • Log information

      When you use our services or view content provided by ViSoft, we may automatically collect and store certain information in server logs . This may include:

      • details of how you used our service, such as your search queries.

      • Internet protocol address

      • device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.

      • cookies that may uniquely identify your browser or your ViSoft360 Account.

    • Unique application numbers

      Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to ViSoft when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

    • Local storage

      We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

    • Cookies and anonymous identifiers

      We use various technologies to collect and store information when you visit a ViSoft service, and this may include sending one or more cookies or anonymous identifiers to your device.

How we use information we collect

We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect ViSoft and our users.

When you contact ViSoft, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags , to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer.

We may combine personal information from one service with information, including personal information, from other ViSoft services – for example to make it easier to share things with people you know. We will not combine DoubleClick cookie information with personally identifiable information unless we have your opt-in consent.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

ViSoft processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

Information you share

Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing and removing your content.

Accessing and updating your personal information

Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Information we share

We do not share personal information with companies, organizations and individuals outside of ViSoft unless one of the following circumstances apply:

  • With your consent

    We will share personal information with companies, organizations or individuals outside of ViSoft when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information .

  • For legal reasons

    We will share personal information with companies, organizations or individuals outside of ViSoft if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

    • meet any applicable law, regulation, legal process or enforceable governmental request.

    • enforce applicable Terms of Service, including investigation of potential violations.

    • detect, prevent, or otherwise address fraud, security or technical issues.

    • protect against harm to the rights, property or safety of ViSoft, our users or the public as required or permitted by law.

If ViSoft is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

Information security

We work hard to protect ViSoft and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

  • We encrypt many of our services using SSL.

  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.

  • We restrict access to personal information to ViSoft employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Application

Our Privacy Policy applies to all of the services offered by ViSoft, including services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include ViSoft services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Enforcement

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up.

Changes

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes).

Key terms

Personal information

This is information which you provide to us which personally identifies you, such as your name, email address or billing information, or other data which can be reasonably linked to such information by ViSoft.

ViSoft360 Account

You may access some of our services by signing up for a ViSoft360 Account and providing us with some personal information (typically your name, email address and a password). This account information will be used to authenticate you when you access ViSoft services and protect your account from unauthorized access by others. You can edit or terminate your account at any time through your ViSoft360 Account settings.

Cookie

A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

Anonymous identifier

An anonymous identifier is a random string of characters that is used for the same purposes as a cookie on platforms, including certain mobile devices, where cookie technology is not available.

IP address

Every computer connected to the Internet is assigned a unique number known as an Internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country from which a computer is connecting to the Internet.

Server logs

Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

Here is an example of a typical log:

2013-03-26 09:41:29 87.230.102.9 GET /Scripts/j-modernizer.js - 443
user@domain.com 294.34.200.24
Mozilla/5.0+(Windows+NT+6.1;+WOW64;+rv:19.0)+Gecko/20100101+Firefox/19.0
https://visoft360.com/Gallery 304 0 0 46

  • 2013-03-26 09:41:29 87.230.102.9 GET /Scripts/j-modernizer.js - 443 is the date and time of the query, IP of ViSoft360 service and technical service information;

  • user@domain.com 294.34.200.24 are email addressand the Internet Protocol address and  assigned to the user by the user’s ISP; depending on the user’s service, a different address may be assigned to the user by their service provider each time they connect to the Internet;

  • Mozilla/5.0+(Windows+NT+6.1;+WOW64;+rv:19.0)+Gecko/20100101+Firefox /19.0 is the browser and operating system being used;

  • https://visoft360.com/gallery is the requested URL, including the search query;

  • 304 0 0 46 is the unique ID assigned to this particular computer the first time it visited ViSoft360. Sensitive personal information

Sensitive personal information

This is a particular category of personal information relating to confidential medical facts, racial or ethnic origins, political or religious beliefs or sexuality.

Non-personally identifiable information

This is information that is recorded about users so that it no longer reflects or references an individually identifiable user.

Pixel tag

A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies.

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