Privacy
San Diego: April 1, 2008 10:00 AM
viewr.com, viewr Corporation
Terms of Service
General
This Viewr.com website (the "Service") is owned and operated by Viewr
Corporation, Viewr.com and contains material that is protected by
state, national and international copyright, trademark and other
intellectual property laws. Unless otherwise specified, the Service is
intended for your personal, noncommercial use only. You may not modify,
copy, reproduce, republish, upload, post, transmit or distribute in any
way any material, including code and software, from the Service. You
may download material from the Service and may use the Service for your
personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices.
As part of our Service, Viewr.com agrees to provide you with
information and other computer services subject to these Terms of
Service. You agree to use the Service in accordance with these Terms of
Service, our Privacy Policy, and any additional terms and conditions
that may apply to specific sections of the Service or to products and
services available through the Service. Accessing the Service, in any
manner, for the purpose of obtaining information, technical or
otherwise, about the Service, constitutes use of the Service and your
agreement to be bound by these Terms of Service. Because the Web is an
evolving medium, we may need to change these Terms of Service or impose
new conditions on use of the Service, from time to time, in which case
we will post the revised Terms of Service on this website. By
continuing to use the Service after we post any such changes, you
accept the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link
does not state or imply any sponsorship of your site by Viewr.com.
However, you may not, without the prior written permission of
Viewr.com, frame any of the content of the Service, or incorporate into
another website or other service any material, content or intellectual
property belonging to Viewr.com, its parent or affiliate companies, or
any of their licensors.
License to Viewr.com
By posting messages, uploading files, or otherwise providing any
material to us for display on the Service, you are representing that
you are the owner of the material, or are making your submission with
the express consent of the owner of the material. In addition, when you
post a message, upload a file, or otherwise provide us with material
for display on the Service, you are granting Viewr.com a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display
any such communication.
2. Sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction.
Privacy Policy
The following Privacy Policy governs Viewr.com's online information
collection practices. Specifically, it outlines the types of
information that Viewr.com gathers about you while you are using the
Viewr.com website (the "Service"), and the ways in which Viewr.com uses
this information. This Privacy Policy, including our children's privacy
statement, does not apply to any information you may provide to us or
that we may collect offline and/or through other means (for example, at
a live event, via telephone, or through the mail).
Please read this Privacy Policy carefully. By visiting the Viewr.com
website, you agree that your use of our Service, and any dispute over
privacy, is governed by this Privacy Policy and our Terms of Service.
Because the Web is an evolving medium, we may need to change our
Privacy Policy at some point in the future, in which case we'll post
the changes to this Privacy Policy on this website and update the
Effective Date of the policy to reflect the date of the changes. By
continuing to use the Viewr.com website after we post any such changes,
you accept the Privacy Policy as modified.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as the "Shine The
Light" law, permits our customers who are California residents to
request and obtain from us once a year, free of charge, information
about the personal information (if any) we disclosed to third parties
for direct marketing purposes in the preceding calendar year. If
applicable, this information would include a list of the categories of
personal information that was shared and the names and addresses of all
third parties with which we shared information in the immediately
preceding calendar year. If you are a California resident and would
like to make such a request, please submit your request in writing to:
Online Privacy Coordinator
Viewr.com
4903 Pacific Highway
San Diego, CA 92110
Privacy@viewr.com
How We Collect and Use Information
We may collect and store personal or other information that you
voluntarily supply to us online while using the Service (e.g., while on
the Viewr.com site or in responding via email to a feature provided on
the Viewr.com site).
We also collect and store information that is generated automatically
as you navigate online through the Service. For example, we may collect
information about your computer's connection to the Internet, which
allows us, among other things, to improve the delivery of our web pages
to you and to measure traffic on the Viewr.com site. We also may use a
standard feature found in browser software called a "cookie" to enhance
your experience on the Viewr.com website. Cookies are small files that
your web browser places on your hard drive for record-keeping purposes.
By showing how and when visitors use the Viewr.com, cookies help us
deliver advertisements, identify how many unique browsers visit us, and
track user trends and patterns. They also prevent you from having to
re-enter your preferences on certain areas of the Viewr.com site where
you may have entered preference information before. Viewr.com also may
use web beacons (also known as "transparent GIFs") to access cookies
and to count users who visit the Viewr.com site or open Viewr.com's
HTML-formatted email messages.
Viewr.com uses the information it collects from you while you are using
the Service in a variety of ways, including to customize features and
advertising that appear on the Service, to better serve the viewer.
Viewr.com also reserves the right to use and to disclose to third
parties all of the information Viewr.com collects online about you and
other visitors in any way. HOWEVER, it is Viewr.com's current policy to
not share information about its visitors with third parties, nor will
Viewr.com authorize third parties to use its collected information to
mail or e-mail promotional offers to you. Any change in this policy
will be preceded by a notification to Viewr.com's members/visitors. In
addition, Viewr.com will not use the information it collects online
from you to send you promotional mail or e-mail, unless you
specifically choose (in the Web site's Members Section) to receive
these offers. To view or update your preferences to receive Viewr.com's
promotional offers, visit www.Viewr.com/members.
Please keep in mind that whenever you voluntarily make your personal
information available for viewing by third parties online - for example
on message boards, web logs, through email, or in chat areas - that
information can be seen, collected and used by others besides
Viewr.com. Viewr.com cannot be responsible for any unauthorized
third-party use of such information.
Some of our third-party advertisers and ad servers that place and
present advertising on the Service also may collect information from
you via cookies, web beacons or similar technologies. These third-party
advertisers and ad servers may use the information they collect to help
present their advertisements, to help measure and research the
advertisements' effectiveness, or for other purposes. The use and
collection of your information by these third-party advertisers and ad
servers is governed by the relevant third-party's privacy policy and is
not covered by our Privacy Policy. Indeed, the privacy policies of
these third-party advertisers and ad servers may be different from
ours. If you have any concerns about a third party's use of cookies or
use of your information, you should visit that party's website and
review its privacy policy.
Viewr.com also includes links to other websites and provides access to
products and services offered by third parties, whose privacy policies
we do not control. When you access another website or purchase
third-party products or services through the Service, use of any
information you provide is governed by the privacy policy of the
operator of the site you are visiting or the provider of such products
or services.
We also make some content, products and services available through our
Service through cooperative relationships with third-party providers,
where the brands of our provider partner appear on the Service in
connection with such content, products and/or services. We may share
with our provider partner any information you provide, or that is
collected, in the course of visiting any pages that are made available
in cooperation with our provider partner. In some cases, the provider
partner may collect information from you directly, in which cases the
privacy policy of our provider partner may apply to the provider
partner's use of your information. The privacy policy of our provider
partners may differ from ours. If you have any questions regarding the
privacy policy of one of our provider partners, you should contact the
provider partner directly for more information.
Be aware that we may occasionally release information about our
visitors when release is appropriate to comply with law, to enforce our
Terms of Service agreement, or to protect the rights, property or
safety of users of our Services, the public, or Viewr.com.
Please also note that as our business grows, we may buy or sell various
assets. In the unlikely event that we, some or all of our assets, or
one or more of our websites is acquired by another company, information
about our users may be among the transferred assets.
Children's Privacy Statement
This children's privacy statement explains our practices with respect
to the online collection and use of personal information from children
under the age of thirteen, and provides important information regarding
your rights under federal law with respect to such information.
" This Service is not directed to children under the age of thirteen
and we do NOT knowingly collect personally identifiable information
from children under the age of thirteen as part of the Service. We
screen users who wish to provide personal information in order to
prevent users under the age of thirteen from providing such
information. If we become aware that we have inadvertently received
personally identifiable information from a user under the age of
thirteen as part of the Service, we will delete such information from
our records. If we change our practices in the future, we will obtain
prior, verifiable parental consent before collecting any personally
identifiable information from children under the age of thirteen as
part of the Service.
" Because we do not collect any personally identifiable information
from children under the age of thirteen as part of the Service, we also
do NOT knowingly distribute such information to third parties.
" We do NOT knowingly allow children under the age of thirteen to
publicly post or otherwise distribute personally identifiable contact
information through the Service.
" Because we do not collect any personally identifiable information
from children under the age of thirteen as part of the Service, we do
NOT condition the participation in the Service's online activities of a
child under thirteen on providing personally identifiable information.
How To Make Changes to Your Information
If you have subscribed to one or more Viewr.com email newsletters, you
may change your subscriber information, modify your subscriptions,
and/or unsubscribe from these newsletters at any time by visiting
www.Viewr.com/members/newsletters/index.php
Questions Regarding Privacy
If you have any questions about this Privacy Policy, the privacy
practices of Viewr.com, or your dealings with Viewr.com, you can
contact:
Online Privacy Coordinator
Viewr.com
745 Fort Street, Tower Lobby
Honolulu, HI 96813
Disclaimers
Through the Service, Viewr.com has provided links and pointers to
Internet sites maintained by third parties. Viewr.com's linking to such
third-party sites does not imply an endorsement or sponsorship of such
sites, or the information, products or services offered on or through
the sites. In addition, neither Viewr.com, its parent or subsidiary
companies nor their affiliates operate or control in any respect any
information, products or services that third parties may provide on or
through the Service or on websites linked to by Viewr.com. The
information, products and services offered on or through the Service
and any third-party sites are provided "as is" and without warranties
of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, Viewr.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
Viewr.com does not warrant that the Service or any of its functions
will be uninterrupted or error-free, that defects will be corrected, or
that any part of this Service, including bulletin boards, or the
servers that make it available, are free of viruses or other harmful
components.
Viewr.com does not warrant or make any representations regarding the
use or the results of the use of the Service or materials in this
Service or in third-party sites in terms of their correctness,
accuracy, timeliness, reliability or otherwise.
You must provide and are solely responsible for all hardware and/or
software necessary to access the Service. You assume the entire cost of
and responsibility for any damage to, and all necessary maintenance,
repair or correction of, that hardware and/or software.
The Service is provided for informational purposes only, and is not
intended for trading or investing purposes, or for commercial use.
Stock and mutual fund quotes, and related financial news stories may be
delayed at least 20 minutes, as may be required by the stock exchanges
and/or the financial information services. The Service should not be
used in any high risk activities where damage or injury to persons,
property, environment, finances or business may result if an error
occurs. You expressly assume all risk for such use.
Online Commerce
Certain sections of the Viewr.com site may allow you to purchase many
different types of products and services online that are provided by
third parties. Viewr.com is not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these products and
services. If you make a purchase from a merchant on the Viewr.com or on
a site linked to by Viewr.com, the information obtained during your
visit to that merchant's online store or site, and the information that
you give as part of the transaction, such as your credit card number
and contact information, may be collected by both the merchant and
Viewr.com. A merchant may have privacy and data collection practices
that are different from ours. Viewr.com has no responsibility or
liability for these independent policies. In addition, when you
purchase products or services on or through the Viewr.com website, you
may be subject to additional terms and conditions that specifically
apply to your purchase or use of such products or services. For more
information regarding a merchant, its online store, its privacy
policies, and/or any additional terms and conditions that may apply,
visit that merchant's website and click on its information links or
contact the merchant directly. You release Viewr.com and its affiliates
from any damages that you incur, and agree not to assert any claims
against them, arising from your purchase or use of any products or
services made available by third parties through Viewr.com.
You agree to be financially responsible for all purchases made by you
or someone acting on your behalf through the Service. You agree to use
the Service and to purchase services or products through the Service
for legitimate, non-commercial purposes only. You also agree not to
make any purchases for speculative, false or fraudulent purposes or for
the purpose of anticipating demand for a particular product or service.
You agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so. When making
a purchase for a third party that requires you to submit the third
party's personal information to Viewr.com or a merchant, you represent
that you have obtained the express consent of such third party to
provide such third party's personal information.
Use of Company Directories
The information contained in any company directories that may be
provided on the Service is provided for business lookup purposes and is
not to be used for marketing or telemarketing applications. This
information may not be copied or redistributed and is provided "AS IS"
without warranty of any kind. In no event will Viewr.com or its
suppliers be liable in any way with regard to such information.
Interactive Features
This Service may include a variety of features, such as bulletin
boards, web logs, chat rooms, and email services, which allow feedback
to Viewr.com and real-time interaction between users, and other
features, such as personalized homes pages and email services, which
allow users to communicate with others. Responsibility for what is
posted on bulletin boards, web logs, chat rooms and other public
posting areas on the Service lies with each user - you alone are
responsible for the material you post. Viewr.com does not control the
messages, information or files that you or others may provide through
the Service. It is a condition of your use of the Service that you do
not:
" Restrict or inhibit any other user from using and enjoying the
Service.
" Use the Service to post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
" Use the Service to post or transmit any information, software or
other material that violates or infringes upon the rights of others,
including material that is an invasion of privacy or publicity rights
or that is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or rights holder.
" Use the Service to post or transmit any information, software or
other material that contains a virus or other harmful component.
" Use the Service to post, transmit or in any way exploit any
information, software or other material for commercial purposes, or
that contains advertising.
" Use the Service to advertise or solicit to anyone to buy or sell
products or services, or to make donations of any kind, without the
express written approval of Viewr.com.
" Gather for marketing purposes any email addresses or other personal
information that has been posted by other users of the Service.
You understand that Viewr.com has no obligation to monitor any bulletin
boards, chat rooms, web logs, or other areas of the Service through
which users can supply information or material. However, Viewr.com
reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or governmental request, or to
refuse to post or to remove any information or materials, in whole or
in part, that in Viewr.com's sole discretion are objectionable or in
violation of these Terms of Service.
Registration
To access certain features of the Service, Viewr.com may ask you to
provide certain demographic information including your gender, year of
birth, zip code and country. In addition, if you elect to sign-up for a
particular feature of the Service, such as chat rooms, web logs, or
bulletin boards, you may also be asked to register with Viewr.com on
the form provided and such registration may require you to provide
personally identifiable information such as your name and email
address. You agree to provide true, accurate, current and complete
information about yourself as prompted by the Service's registration
form. If Viewr.com has reasonable grounds to suspect that such
information is untrue, inaccurate, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). Our use of any
personally identifiable information you provide to us as part of the
registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Service, you will need a username and
password, which you will receive through the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether
by you or by others) that occur under your password or account. You
agree to notify us immediately of any unauthorized use of your password
or account or any other breach of security, and to ensure that you exit
from your account at the end of each session. Viewr.com cannot and will
not be liable for any loss or damage arising from your failure to
protect your password or account information.
Classified Advertising
When you submit a classified ad for publication on Viewr.com, you agree
that the advertisement as it appears on Viewr.com becomes the property
of Viewr.com and you assign all ownership interest in the advertisement
as it appears on the Service under copyright law or otherwise to
Viewr.com. Submission of an advertisement does not constitute a
commitment to publish the advertisement, and publication of an
advertisement does not constitute an agreement for continued
publication. We will accept only standard abbreviations and required
proper punctuation. Viewr.com reserves the right to edit, reclassify,
revise, reject or cancel any advertisement at any time, in its sole
discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertised herein is subject to the Federal Fair
Housing Act, which makes it illegal to advertise "any preference,
limitation, or discrimination because of race, color, religion, sex,
handicap, familial status, or national origin, or intention to make any
such preference, limitation, or discrimination." State law may also
forbid discrimination based on these factors and others. We will not
knowingly accept any advertising for real estate which is in violation
of the law. All persons are hereby informed that all dwellings
advertised are available on an equal opportunity basis. To complain of
discrimination call the U.S. Department of Housing and Urban
Development at 800-669-9777.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence,
shall Viewr.com, its subsidiary and parent companies or affiliates be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use, Viewr.com
materials, products, or services, or third-party materials, products,
or services made available through the Service, or any part of the
Service, even if Viewr.com is advised beforehand of the possibility of
such damages. (Because some states do not allow the exclusion or
limitation of certain categories of damages, the above limitation may
not apply to you. In such states, the liability of Viewr.com, its
subsidiary and parent companies or affiliates is limited to the fullest
extent permitted by such state law.) You specifically acknowledge and
agree that Viewr.com is not liable for any defamatory, offensive or
illegal conduct of any user. If you are dissatisfied with any Viewr.com
materials, products, or services, or with any of Viewr.com's terms and
conditions, your sole and exclusive remedy is to discontinue using the
Service.
Termination
Viewr.com may cancel or terminate your right to use the Service or any
part of the Service at any time without notice. In the event of
termination, you are no longer authorized to access the part of the
Service affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Service,
and the disclaimers and limitations of liabilities set forth in these
Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between Viewr.com and
you with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals and
communications, written oral. You also may be subject to additional
terms and conditions that may apply when you use the products or
services of a third party that are provided through the Service. In the
event of any conflict between any such third-party terms and conditions
and these Terms of Service, these Terms of Service shall govern. This
agreement shall be governed by and construed in accordance with the
laws of the State of New York without giving effect to any principles
or conflicts of law. If any provision of this agreement shall be
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.