Last updated May 11, 2010
By accessing and/or using any features of the site owned and operated by Viewpoints, LLC ("Viewpoints") located at http://www.viewpoints.com, and any and all linked pages owned and operated by Viewpoints, related on-line services provided by Viewpoints, and/or any content and materials provided by Viewpoints, its business partners or Users (collectively, the "Viewpoints Site"), you agree to be bound by these terms of service (collectively, "Terms of Service"). All visitors to and users of any aspects of the Viewpoints Site (collectively, "Users" and individually, a "User" or "you") are bound by our Terms of Service
Viewpoints on-line services available via the Viewpoints Site may, among other benefits, allow you to read reviews from other visitors to the Viewpoints Site, post your own reviews and share them with other users, and view third party postings and reviews regarding similar products and services. If you wish to post reviews or other content to the Viewpoints Site, you must register with Viewpoints using the registration form available at http://www.viewpoints.com/register.
These Terms of Service set out the legally binding terms with respect to your use of the Viewpoints Site. Please read these Terms of Service carefully. Your access to and/or use of the Viewpoints Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the Viewpoints Site.
Viewpoints is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Viewpoints Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for Viewpoints. In the event Viewpoints becomes aware you are under 18, your registration and account will be terminated.
2. Changes to the Viewpoints Site
You agree and understand that the Viewpoints Site, including any and all features available via the Viewpoints Site and any reviews, information, content, data, text, User profile information, sounds, photographs, graphics, video, messages or other materials submitted to the Viewpoints Site by any User Content (as defined below), may be modified by Viewpoints, in Viewpoints' sole discretion, at any time without prior notice. Unless expressly stated otherwise by Viewpoints, any new features, new services, enhancements or modifications to the Viewpoints Site implemented after your initial access to the Viewpoints Site shall be subject to these Terms of Service. Notwithstanding the foregoing, Viewpoints does not actively monitor, and undertakes no obligation to monitor or modify, any reviews, information, content, data, text, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Viewpoints Site by any User (all such items provided by Users, collectively, "User Content"). Nonetheless, Viewpoints reserves the right to investigate and take appropriate action, including legal action, in its sole discretion, against anyone who violates these Terms of Service, including without limitation, removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators or blocking such violators' use of the Viewpoints Site.
In order to access some features of the Viewpoints Site, you may be required to register with Viewpoints and to select a password and user name, which shall consist of an email address you provide to Viewpoints and a screen name ("User ID"). If you register, you agree to provide Viewpoints with accurate and complete registration information, and to inform Viewpoints immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, Viewpoints reserves the right to refuse registration of, or cancel a User ID in its discretion.
Viewpoint may, at its sole discretion and without notice, terminate or suspend your account or ability to use the Site, in whole or in part, for any reason or no reason, at any time, without liability of any kind.
You shall be responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Viewpoints Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify Viewpoints of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
6. Use of the Site/Services
You may use the Viewpoints Site solely for your personal, non-commercial use. For example, you may use the Viewpoints Site to solicit reviews from, and share reviews with, other Users, and to search the Viewpoints Site for reviews and business or product information. You may also invite people you know to join Viewpoints. You acknowledge and agree that Viewpoints does not control the User Content posted to the Viewpoints Site, including the content of any messages or reviews and does not guarantee the accuracy, integrity or quality of such User Content. You further understand and agree that (i) Viewpoints does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Viewpoints Site, or (ii) make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Viewpoints Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Viewpoints. You understand that, by using the Viewpoints Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL VIEWPOINTS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
7. Restrictions on Rights to Use
Without limiting the generality of other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):
a. download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell rent, license or in any way commercially exploit any portion of the Viewpoints Site, except and to the extent expressly permitted under these Terms of Service;
b. remove any copyright, trademark or other proprietary rights notice contained in or on the Viewpoints Site;
c. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Viewpoints Site;
d. collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
e. post, upload, or otherwise publish private information about any third party, including, but not limited to, names, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
f. reformat or frame any portion of any web pages that are part of the Viewpoints Site;
g. create user accounts by automated means or under false or fraudulent pretenses;
h. create or transmit to other Users unsolicited electronic communications, such as political messages, pyramid schemes, advertising, promotions, contests, raffles, solicitations, or other "spam," or otherwise interfere with other Users' enjoyment of the Viewpoints Site;
i. submit to the Viewpoints Site any content that falsely states or implies that such content is sponsored or endorsed by Viewpoints;
j. write or solicit shill reviews, exchange reviews with other companies or advertisers, fail to properly disclose any Material Connection (as defined below), or otherwise use the Viewpoints Site so as to create an actual or potential conflict of interest;
k. transmit or upload to the Viewpoints Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Viewpoints Site, any other web site, or any computer or other device or system, or the enjoyment of the Viewpoints Site by any User;
l. use the Viewpoints Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
m. submit to the Viewpoints Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Viewpoints Site to transfer or store illegal material, including any material deemed threatening or obscene;
n. copy or store any User Content offered on the Viewpoints Site other than for your personal, non-commercial use;
o. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Viewpoints Site or Viewpoints' IT infrastructure;
p. use the Viewpoints Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
q. collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
8. User Content Posted By You on the Viewpoints Site
Without limiting the generality of any other provisions of these Terms of Service, you agree:
a. You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
b. You understand and agree that Viewpoints may (but has no obligation to) monitor User Content and reserves the right to review and delete any User Content that, in the sole discretion of Viewpoints, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
c. You are solely responsible for any User Content you post, publish or display on the Viewpoints Site or transmit to Users, including your ratings and reviews posted on the Viewpoints Site. Viewpoints reserves the right, but undertakes no obligation, to monitor disputes between you and any entity or individual you have reviewed.
d. You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Viewpoints Site any User Content that is false, inaccurate, misleading or fraudulent.
e. You will fully and properly disclose any Material Connection (as defined below) you may have with any person, company or other entity who makes, sells, provides, markets or otherwise promotes any product or service you review (a "Sponsor"). A "Material Connection" may involve (a) compensation or sponsorship of any kind, including monetary payments, the receipt of free or discounted samples, products or services, or the receipt of money or a product or service as winnings in a sweepstakes or contest; or (b) a preexisting relationship with a Sponsor that Users would not reasonably expect or that might affect the weight or credibility of your comment or review. You understand and agree that Viewpoints may, at its sole discretion, post appropriate disclosures on your User profile or attach disclosures to any User review.
f. By uploading User Content to the Viewpoints Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Viewpoints, its contractors and partners an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to Viewpoints any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the Viewpoints Site.
g. The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Viewpoints Site. You may not post any content that:
i. is patently offensive to users of the Viewpoints Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. promotes illegal activities or conduct that is abusive;
iv. is threatening, obscene, defamatory or libelous;
v. is obscene, pornographic or sexually explicit in nature; or
vi. seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
If you believe any User Content or any other aspect of the Viewpoints Site infringes your copyright, you should send written notice of copyright infringement to Viewpoints' Copyright Agent at the following address. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. ¤512) by providing the following information:
a. A description of the copyrighted work that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the site;
c. Your address, telephone number and email address;
d. 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;
e. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf;
f. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Viewpoints' Copyright Agent for notice of claims of copyright infringement on the Viewpoints Site can be reached as follows:
440 N. Wells
Chicago, IL 60654
As between you and Viewpoints, the Viewpoints Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Viewpoints Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Viewpoints or its licensors. As between you and Viewpoints, any User Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of Viewpoints or any of its licensors.
VIEWPOINTS, VIEWPOINTS NETWORK, LET'S REVIEW and other marks displayed on the Viewpoints Site are the proprietary service marks or trademarks of Viewpoints or its licensors. Viewpoints' trademarks may not be used in connection with any product or service that is not Viewpoints', in any manner that is likely to cause confusion among consumers, or to disparage or discredit Viewpoints. All other trademarks not owned by Viewpoints that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Viewpoints. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Viewpoints Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Viewpoints.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE VIEWPOINTS SITE, AND ANY USER CONTENT, REVIEWS, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE VIEWPOINTS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED BY VIEWPOINTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIEWPOINTS MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE VIEWPOINTS SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT PROVIDED VIA THE VIEWPOINTS SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE VIEWPOINTS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, VIEWPOINTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE VIEWPOINTS SITE IS ACCURATE, COMPLETE OR CURRENT, AND VIEWPOINTS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE VIEWPOINTS SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE VIEWPOINTS SITE. FURTHER, VIEWPOINTS MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE VIEWPOINTS SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM VIEWPOINTS OR THE VIEWPOINTS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13. Limitation on Liability
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A STATE, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold Viewpoints and its affiliates, and the directors, officers, employees, agents and representatives of Viewpoints and its affiliates, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Viewpoints Site, (ii) your use of the Viewpoints Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity. Viewpoints reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Viewpoints."
15. Third Party Advertisements and Links to Third Party Sites
Viewpoints may display on the Viewpoints Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. Viewpoints is not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Viewpoints of the advertisement or linked site or any content therein. Viewpoints may display such advertisements or other content adjacent to or included with User Content on the Site. You are not entitled to any compensation for, or any control over, such advertisements or other content. IN NO EVENT WILL VIEWPOINTS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE VIEWPOINTS SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
16. Changes to Terms of Service
Viewpoints reserves the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Viewpoints Site after any modifications indicates your acceptance of the modified Terms of Service.
18. Contact and Violations