USER AGREEMENT

INTRODUCTION

  • Purpose
    Our mission is to help everyone maintain their contact information safe, up-to-date and in one place. Our registered users can keep their business and personal contacts in our cloud-based system, they can also share their contact information with other ViziCard users.

  • Scope and Intent
    You agree that by registering on ViziCard, or by using our website or other information provided as part of the ViziCard services (collectively “ViziCard” or the “Services”), you are entering into a legally binding agreement with “Ringo Group” (“we,” “us,” “our,” and “ViziCard”) based on the terms of this ViziCard User Agreement and the ViziCard Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a ViziCard member (“Member”). If you are using ViziCard on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a ViziCard Member, do not enter into this Agreement, do NOT register to and do not access, view, download or otherwise use any ViziCard web-page, information or services. By registering, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the ViziCard User Agreement and Privacy Policy are also collectively referred to as ViziCard’s “Terms of Service.”

YOUR OBLIGATIONS

  • Applicable laws and this Agreement
    You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice.

  • License and warranty for your submissions to ViziCard
    You own the information you provide ViziCard under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant ViziCard a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to ViziCard, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to ViziCard, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your ViziCard profile information accurate and updated.

  • Service Eligibility
    To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: are the “Minimum Age” (defined below) or older; will use your real name and only provide accurate information to ViziCard; will not violate any rights of ViziCard or third party, including intellectual property rights such as copyright or trademark rights.

    “Minimum Age” means 18 years old.

  • Privacy
    You should carefully read our full Privacy Policy before using ViziCard as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that ViziCard may process such information, within the terms of the Privacy Policy.

YOUR RIGHTS

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser or mobile device, view information and use the Services that we provide on ViziCard webpages and in accordance with this Agreement. Any other use of ViziCard contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from ViziCard commercially unless expressly authorized by ViziCard) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ViziCard and all related items, including any and all copies made of the ViziCard website.

OUR RIGHTS AND OBLIGATIONS

  • Services Availability
    For as long as ViziCard continues to offer the Services, ViziCard shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ViziCard as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ViziCard, partially or entirely for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on ViziCard or by direct communication to you unless otherwise noted. ViziCard further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by ViziCard to be contrary to this Agreement. For avoidance of doubt, ViziCard has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.

  • Disclosure of User Information
    You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; enforce this Agreement; respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; respond to customer service inquiries; or protect the rights, property, or personal safety of ViziCard, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

  • Connections and Interactions with other Members
    You are solely responsible for your interactions with other Members. ViziCard may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. ViziCard reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if ViziCard determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

DISCLAIMER

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON VIZICARD OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR VIZICARD AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIZICARD DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIZICARD AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY VIZICARD OR ANYTHING RELATED TO VIZICARD, YOU MAY CLOSE YOUR VIZICARD ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH “TERMINATION” AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. VIZICARD IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH VIZICARD TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. VIZICARD DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, VIZICARD DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. VIZICARD DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. VIZICARD DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, VIZICARD DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE VIZICARD SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

TERMINATION

  • Mutual rights of termination
    You may terminate this Agreement, for any or no reason, at any time, with notice to ViziCard. This notice will be effective upon ViziCard processing your notice. ViziCard may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only ViziCard may terminate your access to any Services.

  • Misuse of the Services
    ViziCard may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the ViziCard messaging services; creating multiple or false profiles; using the Services commercially without ViziCard’s authorization, infringing any intellectual property rights or any other behavior that ViziCard, in its sole discretion, deems contrary to its purpose.

  • Effect of Termination
    Upon termination of your ViziCard account, you loose access to the Services. The terms of this Agreement shall survive any termination.

DISPUTE RESOLUTION

  • Law and Forum for Legal Disputes
    This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the Lithuanian Republic regardless of your country of origin or where you access ViziCard, and notwithstanding of any conflicts of law principles. You and ViziCard agree that all claims arising out of or related to this Agreement must be resolved exclusively by a district court located in municipality of Kaunas, Lithuania, except as otherwise agreed by the parties. You and ViziCard agree to submit to the personal jurisdiction of the courts located within municipality of Kaunas, Lithuania for the purpose of litigating all such claims. Notwithstanding the above, you agree that ViziCard shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

GENERAL TERMS

  • Severability
    If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

  • Language
    Where ViziCard has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation will govern your relationship with ViziCard.

  • Entire Agreement
    You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and ViziCard regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

  • Amendments to This Agreement
    We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.vizicard.com or notifying you otherwise. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per “Termination”.

  • No Injunctive Relief
    In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

  • Assignment and Delegation
    You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ViziCard for any third party that assumes our rights and obligations under this Agreement.

VIZICARD RULES

  • Do undertake the following:
    1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, and regulatory requirements;
    2. Provide accurate information to us and update it as necessary;
    3. Review and comply with our Privacy Policy;
    4. Review and comply with notices sent by ViziCard concerning the Services;
    5. Use the Services in a professional manner;
    6. Use your real name on your profile.


  • Do not undertake the following:
    1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or offensive content to ViziCard;
    2. Harass, abuse or harm another person, including sending unwelcomed communications to other ViziCard users;
    3. Upload a profile image that is not your likeness or a head-shot photo;
    4. Use or attempt to use another's account or create a false identity on ViziCard.