This Agreement applies to all visitors, users, buyers and others who access the Service (“Users”).
Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
If you have any questions, please don’t hesitate to contact us at via our Contact page.
Use of Our Service
Visions Beyond is a creative community where users can download for free or buy creative content - like our wallpapers (“Goods”) and socialize around our content. Our Service allows for the sale of digital creative content to a buyer (“Buyer”) from our library.
You may use the Service only if you can form a binding contract with Visions Beyond, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 years is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Visions Beyond.
- Visions Beyond Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. Visions Beyond reserves all rights not expressly granted herein in the Service and the Visions Beyond Content (as defined below). Visions Beyond may terminate this license at any time for any reason or no reason.
- Visions Beyond Accounts
Your Visions Beyond account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
If you open a Visions Beyond account on behalf of an organization or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Visions Beyond with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You must never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Visions Beyond immediately of any breach of security or unauthorized use of your account. Visions Beyond will not be held liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account settings page. By providing Visions Beyond your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences (link located at the bottom of our emails). Opting out would prevent you from receiving email messages regarding updates, improvements, or offers.
- Service Rules
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
(ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Visions Beyond servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Visions Beyond grants the operators of public search engines revocable permission to use spiders to copy materials from VisionsBeyond.co for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xii) use our Service to direct Users to other services or sites to purchase the Goods;
(xiii) misrepresent or inaccurately describe Goods provided for sale;
(xiv) resell or otherwise distribute the Goods without written authorization from Visions Beyond; or
(xv) bypassing the measures we use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may temporarily or permanently suspend or terminate your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Visions Beyond Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Visions Beyond shall have no liability for your interactions with other Users, or for any User's action or inaction.
You agree not to post User Content that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
Visions Beyond reserves the right, but is not obligated, to reject and/or remove any User Content that Visions Beyond believes, in its sole discretion, violates these provisions.
You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You will not provide inaccurate, misleading or false information to Visions Beyond or to any other User. If information provided to Visions Beyond or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Visions Beyond of such change.
- Visions Beyond takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Visions Beyond shall not be liable for any damages you allege to incur as a result of User Content.
Mobile Software. We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service.
Visions Beyond does not warrant that the Mobile Software will be compatible with your mobile device.
Visions Beyond hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Visions Beyond account on one mobile device owned or leased solely by you, for your personal use.
You may not:
(i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
(iii) make any copies of the Mobile Software;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
(v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Visions Beyond may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Visions Beyond or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Visions Beyond reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013©(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Visions Beyond Service.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to Visions Beyond and other Users (the "Visions Beyond Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Visions Beyond and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Visions Beyond Content.
Use of the Visions Beyond Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Visions Beyond under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, Visions Beyond does not waive any rights to use similar or related ideas previously known to Visions Beyond, or developed by its employees, or obtained from sources other than you.
Suspensions and Terminations
Visions Beyond may decline, remove or halt sales of any Goods, suspend or terminate an Account, and/or suspend or terminate the Platform at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.
Visions Beyond, in its sole discretion, may suspend or terminate your Account(s), or retain any or all funds in your Balance, if Visions Beyond suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of this Agreement.
In addition to the foregoing, and all other rights and remedies available to Visions Beyond at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event you breach any term of this Agreement, Visions Beyond will have the right to immediately suspend or terminate your Account and your rights to access, use and/or otherwise participate in the Platform. Upon such termination, you agree to immediately cease all use of the Platform. Without limiting the foregoing, Visions Beyond shall have the right to immediately terminate your access and use of the Platform, or any portion thereof, in the event of any conduct that Visions Beyond, in its sole discretion, considers unacceptable.
Refunds and Account Termination
Subscription fees are non-refundable. Discounts, rebates, or other special offers are only valid for the initial term. We may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Visions Beyond provides notice at least thirty (30) calendar days prior to the price schedule change.
All users are provided with free sample content so that they can view the quality of content provided within this Service before choosing to upgrade.
By subscribing to this Service, you agree that your subscription fees are non-refundable. Users are allowed to cancel their subscription from this Service at any time by clicking on the Unsubscribe button in their Profile page.
Fees and Paid Services
- Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as we may update them from time to time. Visions Beyond may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
- Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Payment Processors
Payment processing services for Visions Beyond are provided by PayPal and are subject to the Legal Agreements for PayPal Services (collectively, the “PayPal Services Agreement”). By agreeing to these terms or continuing to operate as a User or Buyer on Visions Beyond, you agree to be bound by the PayPal Services Agreement, as the same may be modified by PayPal from time to time. As a condition of Visions Beyond enabling payment processing services through PayPal, you agree to provide Visions Beyond accurate and complete information about you and your business, and you authorize Visions Beyond to share it and transaction information related to your use of the payment processing services provided by PayPal.
Visions Beyond cares about the integrity and security of your personal information. We have taken many steps to ensure that the personal information that you provide is properly secured on our servers. However, no amount of security is completely perfect; we cannot guarantee that unauthorized third parties will never ever be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You expressly relieve Visions Beyond from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Visions Beyond shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Visions Beyond and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation;
(v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
(vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VISIONS BEYOND, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
VISIONS BEYOND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VISIONS BEYOND SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VISIONS BEYOND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISIONS BEYOND, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE GOODS OR USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL VISIONS BEYOND BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIONS BEYOND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;
(VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR
(VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL VISIONS BEYOND, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO VISIONS BEYOND HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VISIONS BEYOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. Visions Beyond makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Visions Beyond without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You agree that any claim or dispute between you and Visions Beyond or any of its managers, members, officers, directors, employees, agents, successors, or assigns shall be resolved by binding arbitration, whether such dispute is related to this Agreement or otherwise. The parties further agree that such arbitration will be heard by a retired judge with Judicate West in Orange County, California (www.judicatewest.com) and will be governed by Judicate West's rules of procedure, and that the decision rendered will be binding.
By agreeing to this arbitration clause, you and Visions Beyond waive the right to a trial in either state or federal court by a judge or jury trial. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others.
The arbitrator's authority to resolve and make written awards is limited to claims between you and Visions Beyond alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement, and without waiving either party's right of appeal, if any portion of this provision is deemed invalid or unenforceable, the invalid or unenforceable portion shall be stricken but the remaining enforceable portions of this arbitration clause shall remain and apply.
- Governing Law and Venue
This Agreement will be governed by the laws of the State of California applicable to contracts executed and to be performed entirely in the State of California. You agree that this Agreement has been entered into in the County of Orange, State of California, and all payments required to be made hereunder, shall be made to Visions Beyond in Orange County and Visions Beyond is located in Orange County, California. Venue for any dispute arising from or relating to this Agreement that is not subject to the arbitration clause above or any action to convert any arbitration award into a judgment shall lie solely and exclusively in the Federal and State courts in the County of Orange, California.
- Attorney Fees
You agree that in any dispute, in any forum including, but not limited to, arbitration and judicial proceedings concerning any provision of this Agreement, the prevailing party shall be awarded attorney fees and costs. This provision includes, but is not limited to, attorney fees, collection costs, and costs associated with civil proceedings, bankruptcy proceedings, appeal, collection, and enforcement of judgment. This provision operates regardless of whether a lawsuit is filed or the action is pursued to final judgment.
- Notification Procedures
Visions Beyond may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by Visions Beyond in our sole discretion. Visions Beyond reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Visions Beyond is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
- Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Visions Beyond in connection with the Service, shall constitute the entire agreement between you and Visions Beyond concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Visions Beyond's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us via our Contact page with any questions regarding this Agreement.