Terms of service

Welcome to the software, distributed by VISUAL KNOWLEDGE CENTRO AMERICA, SOCIEDAD ANÓNIMA (VISUALK). This document explains the terms and conditions of use for VISUALK's software (the "Terms of Use"). By using VISUALK's software, you agree to be legally bound by these Terms of Use and any new version that has been published since your last visit, and that it will apply in the same way as if you had signed the Terms of Use. If you do not accept these Terms of Use, you will not be permitted to use the software and must exit immediately.

These Terms of Use apply to any individual or entity that uses or navigates the software ("User").

Copyright

Copyright © 2001-2023 VISUALK. All rights reserved. Trademarks and service marks are registered and unregistered trademarks of VISUAL KNOWLEDGE CENTRO AMERICA, SOCIEDAD ANÓNIMA (VISUALK) or others. The use of VISUALK's trademarks and service marks without written permission from the trademark or service mark owner is strictly prohibited. Nothing included in the software distributed by VISUALK should be interpreted as granting, by implication, legal impediment, or otherwise, any license or right to use any of VISUALK's trade names, trademarks, or service marks without our prior written consent.

User Profile

By using VISUALK's software, you certify that you are at least 18 years old. If you register to use the software, it will be understood that you are over 18 years of age and that your registration data is truthful, accurate, up-to-date, and complete. We will assign you a username and password. You are responsible for keeping your password confidential and for any activities that occur based on this.

Each User must register separately. You must not disclose your username and password to unauthorized persons within your organization or to external third parties. You should not use another User's username and password without their explicit permission. We are not responsible for any damage or loss you suffer if you fail to keep your password secret, allow someone else to use your account, use someone else’s password or account, or become aware or suspect unauthorized use of your password or account and fail to promptly notify us.

Use of VISUALK Content and Services

VISUALK's Ownership Rights. The software distributed by VISUALK may contain information, data, software (including updates), images, video clips, music, links, logos, and other materials (collectively, the "Content") that are copyrighted or are trademarks or other intellectual property of VISUALK or its affiliates, subsidiaries, partners, or third-party suppliers. The Content in VISUALK's software is protected by copyright both individually and as a collective work. You must ensure that all copyright notices, trademarks, or other property rights that appear on any Content remain intact and legible.

Reservation of Rights; Certain Prohibitions. By offering VISUALK’s software for use, we grant you a worldwide, non-exclusive, non-transferable, revocable, and limited license to access and use the software information, strictly subject to these Terms of Use and in accordance with them. The Company reserves all rights, including, but not limited to, the use of VISUALK’s software and related intellectual property rights, that have not been specifically granted to you. Except as expressly authorized in these Terms of Use, you may not store, copy, reproduce, adapt, reformat, create derivative works, transmit, disseminate, publicly display, or represent any copyrighted material from the software distributed by VISUALK. To the maximum extent allowed by law, you may not decompile, disassemble, or reverse engineer any product or software obtained, in whole or in part, through VISUALK.

You agree not to: (a) use the software in any manner that may disable, overload, damage, or impair the software distributed by VISUALK or interfere with any other user's ability to engage in real-time activities through the software; (b) use any robot, spider, or other automatic device, process, or means to access the software for any purpose, including scraping, data extraction, monitoring, or copying any materials from the software; (c) use any manual process to monitor or copy any materials from the software, or engage in any other unauthorized use without VISUALK's express written consent; (d) use any device, software, or routine that interferes with the proper functioning of the software; or (e) attempt any other interference with the proper functioning of the software.

System Security

The Company is committed to protecting the security of personal information. It uses a variety of technologies and security procedures to attempt to protect personal information from unauthorized access, use, or disclosure. However, you acknowledge that no data transmission over the internet or storage system can be guaranteed to be completely secure. Therefore, you use the software distributed by VISUALK at your own risk.

Privacy Policy

The terms of the Privacy Policy and any future amendments are incorporated by reference in full into these Terms of Use and are subject to them. Third parties who provide goods or services to you (including those who advertise or provide links in the software distributed by VISUALK) may have privacy policies or practices that differ from the Privacy Policy. Refer to third-party privacy statements for more details.

Warranties and Liabilities

Disclaimer of Warranty. THE SOFTWARE DISTRIBUTED BY VISUALK (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE, AND SERVICES) MAY CONTAIN INACCURACIES, ERRORS, AND DEFECTS AND IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES ARE EXCLUDED, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, PROFESSIONAL EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS OR INTERRUPTION OF YOUR COMMUNICATIONS, CONTENT, OR TRANSACTIONS MADE WITH OR THROUGH THE SOFTWARE DISTRIBUTED BY VISUALK. THE COMPANY IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL, OR INAPPROPRIATE CONDUCT OR CONTENT OF THIRD PARTIES, NOR FOR ANY INTELLECTUAL PROPERTY INFRINGEMENTS BY THIRD PARTIES.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF SAVINGS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF DATA, OR BUSINESS INTERRUPTION), EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. THIS LIMITATION IS A MATERIAL CONDITION OF THESE TERMS OF USE, IS COMMERCIALLY REASONABLE, AND HAS BEEN TAKEN INTO ACCOUNT IN THE ENTIRETY OF THESE TERMS OF USE. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CASES, THE ABOVE LIMITATION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify, and hold harmless VISUALK and its executives, directors, owners, agents, employees, advisors, and consultants from any claim, action, demand, liability, damage, and against them (including legal and professional fees) arising from your use of the software distributed by VISUALK, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these Terms of Use.

Protected Parties

THE DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY, INDEMNIFICATIONS, AND RESERVATION OF RIGHTS IN THESE TERMS OF USE PROTECT THE OWNER OF THE SOFTWARE DISTRIBUTED BY VISUALK, THE COMPANY, ITS EXECUTIVES, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISORS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS, AND PROMOTERS.

Copyright Infringement Claims

If you believe in good faith that your work has been copied in a manner that constitutes copyright infringement, notify the Company via one of the methods identified below with a detailed and complete message that includes the following information:
A physical or electronic signature of the owner (or authorized agent) of the allegedly infringed copyrighted material and a statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
A description of the copyrighted work that the owner or agent claims has been infringed and a reasonable identification of the material that the copyright owner claims infringes the copyrighted work and that you request to be removed or disabled.
A description of where the allegedly infringed material is located in the software distributed by VISUALK.
Sufficient contact information for the copyright owner or agent, such as their physical address, email address, website, phone number, and fax number.
The following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have full legal authority to make each and every one of these statements, representations, and assertions, as well as to submit and ratify any claim made in this message.”

Force Majeure

The Company is not responsible for any delay or failure in the operation of the software distributed by VISUALK, in whole or in part, for any reason, including, but not limited to: fires, floods, storms, earthquakes, civil disturbances, telecommunications interruptions, transportation, utilities, services or supplies, government actions, computer viruses, data corruption, hacker attacks, incompatible or defective equipment, software, or services, or otherwise. Nothing in this document extends any warranty or reduces any disclaimer of liability under these Terms of Use.

Injunctive Relief

If you violate or exceed the scope of these Terms of Use or infringe any property rights related to these, you agree that the Company would suffer irreparable harm and may seek an injunction prohibiting your infringing activity (in addition to other remedies, without having to post bond).

Relationship of the Parties

There are no third-party beneficiaries to these Terms of Use. The parties are independent and are not related by agency, franchise, partnership, employment, joint venture, or otherwise. The Company and the software distributed by VISUALK are not part of any transaction between you and third-party advertisers or suppliers. You should contact the third party exclusively for any claims related to their goods, services, or information.

Right to Rely on Instructions

The Company may act based on any instruction, information, document, record, name, email address, or user password that meets the automated criteria of the software distributed by VISUALK or that VISUALK’s staff deems genuine. For any area protected by password, the Company may assume that a person entering a username and associated password is, in fact, that user or is authorized by that user to act on their behalf. The Company may assume that the most recent email addresses and registration information in the software distributed by VISUALK’s files are accurate and up-to-date. When scheduled, the software distributed by VISUALK may take the prescribed measures in case of failure to receive adequate and complete opposing instructions.

Changes to the Service

The Company reserves the right to modify, change, or remove the software distributed by VISUALK or any other feature at any time without prior notice. You agree that the Company is not responsible to you or any third party as a result of such actions. The Company invites Users to make suggestions for improving the software distributed by VISUALK. If you make a suggestion, you authorize the Company to use the idea and publish your name in connection with it. The Company does not compensate for the use or publication of such contributions.

Miscellaneous Provisions
This document reflects the complete and exclusive agreement between the parties regarding the use of the software distributed by VISUALK and supersedes all other agreements related to it, whether written or oral. The Company reserves the right to change these Terms of Use at any time by posting a new version on the software distributed by VISUALK. Your continued use of the software distributed by VISUALK after the effective date of such modification will constitute your acceptance of such change.

This electronic document or a printed duplicate in good condition shall be considered an original document admissible as evidence, unless the authenticity of the document is truly questioned. The Company reserves the right to assign these Terms of Use or delegate responsibility to a third party, including one who acquires any of VISUALK’s operational assets or ownership interests. Any licenses or permissions granted to you under these Terms of Use are personal in nature and cannot be assigned, sublicensed, or otherwise transferred; any attempt to do so will be void without VISUALK's written consent.

Any provision of these Terms of Use that a court deems illegal or unenforceable will be automatically modified to comply with the minimum legal requirements, and from that point forward, it will be fully enforceable as modified. Any waiver by VISUALK of a provision in a specific case will not prevent its enforcement in future cases.