TERMS AND CONDITIONS
VISUAL SOLUTION 360/Michael Kolchesky TERMS OF SERVICE
Welcome to the Visual Solutions 360/Michael Kolchesky website (referred to herein as the “site”) (we refer to the site and the services provided through the site, collectively, as the “Visual Solutions 360 features”). These terms of service (“terms of service” or “Terms”) set forth an agreement between you and Visual Solutions 360 Productions, governing your use of the Visual Solutions 360 features, including the Visual Solutions 360 blog which has additional terms, as set forth below. By accessing this site, you signify your irrevocable acceptance of these terms of service.
Visual Solutions 360 has the right to modify or update these terms of service at any time without providing notice. Any additional or different terms in these terms of service shall be effective upon being posted on the site. Your continued use of any of the Visual Solutions 360 features following the posting of any additional or different terms in these terms of service constitutes your irrevocable acceptance of those additional or different terms.
All material (“materials”) displayed or transmitted on the site including, but not limited to, text, photographs, images, illustrations, video clips, audio clips, and graphics and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world are owned or licensed by Visual Solutions 360, and are protected by France and international intellectual property laws and treaties. Visual Solutions 360/Michael Kolchesky grants you a limited, revocable license to access and use the materials for your personal use, subject to all of the terms and conditions of these terms of service. Except as provided in these terms of service, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, edit, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials, nor may you infringe any of the copyrights or other intellectual property rights contained in the materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary rights notices or legends from the materials. You may not archive or retain any of the materials accessed on the site without the express written permission of Visual Solutions 360/Michael Kolchesky. You acquire no rights or license whatsoever in the materials other than the limited right to use the site in accordance with these terms of service. Any of the materials accessed or downloaded from the site must be accessed or downloaded in accordance with these terms of service. Visual Solutions 360/Michael Kolchesky reserves all rights not expressly granted under these terms of service. Visual Solutions 360/Michael Kolchesky, reserves the right to pursue unauthorized users of its materials, including without limitation, any unauthorized use of its individual copyrighted images, video clips and graphics contained therein, each of which has independent economic value. These and other violations of Visual Solutions 360/Michael Kolchesky intellectual property rights may result in your liability for actual damages and loss of income to Visual Solutions 360/Michael Kolchesky and profits you derive from this misappropriation, or alternatively, for statutory damages of up to €100,000 per infringed work, plus all costs and attorneys fees.
Links to other websites
Visual Solutions 360/Michael Kolchesky may provide links to other internet websites and resources and, if it does so, they are provided merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by Visual Solutions 360/Michael Kolchesky of such websites or any content contained therein. You acknowledge and agree that Visual Solutions 360/Michael Kolchesky is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by Visual Solutions 360/Michael Kolchesky or by any user or third party.
The site and the Visual Solutions 360/Michael Kolchesky features are provided on an “as is” and “as available” basis without any warranty or condition, express or implied. To the full extent permissible under applicable law, Visual Solutions 360/Michael Kolchesky specifically disclaims all warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement.
Visual Solutions 360/Michael Kolchesky makes no representation or warranty that (i) the site or the Visual Solutions 360/Michael Kolchesky features will meet your expectations or requirements, (ii) the site or the Visual Solutions 360/Michael Kolchesky features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the site or the Visual Solutions 360/Michael Kolchesky features will be accurate, timely, complete or reliable, (iv) any errors or defects in the site or the Visual Solutions 360/Michael Kolchesky features will be corrected, or (v) the site and the Visual Solutions 360/Michael Kolchesky features and/or the server that makes the site and the Visual Solutions 360/Michael Kolchesky features available are free of viruses, clocks, timers, counters, worms, software locks, trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the site and the Visual Solutions 360/Michael Kolchesky features may be interfered with by numerous factors outside of Visual Solutions 360/Michael Kolchesky’s control including, but not limited to, telecommunications network disruptions. Visual Solutions 360/Michael Kolchesky is not responsible and will have no liability for any failures of the internet or any data or telecommunications equipment, system or network used in connection with the site or the Visual Solutions 360/Michael Kolchesky features.
You acknowledge that the entire risk arising out of the use or performance of the site or any of Visual Solutions 360/Michael Kolchesky features remains with you to the maximum extent permitted by law.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the site or any of the Visual Solutions 360/Michael Kolchesky features is to discontinue use of the site and the Visual Solutions 360/Michael Kolchesky features.
Limitation of liability
In no event shall Visual Solutions 360/Michael Kolchesky or any of its directors, officers, employees, agents, consultants, parents, affiliates, successors, assigns or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, the inability to use, or reliance on the site including, but not limited to, the Visual Solutions 360/Michael Kolchesky features, or the content, materials, and functions related thereto, including, without limitation, loss of revenue, anticipated profits, business, programs or information, even if Visual Solutions 360/Michael Kolchesky or such person or entity has been advised of the possibility of such damages and regardless of the form of action. Except in the case of the gross negligence or intentional misconduct of Visual Solutions 360/Michael Kolchesky, in no event shall the total liability of Visual Solutions 360/Michael Kolchesky to you or any third party for all damages, losses, and causes of action (whether in contract or tort including, but not limited to, negligence or otherwise) exceed one hundred Euros (€100).
Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.
You agree to defend, indemnify and hold Visual Solutions 360/Michael Kolchesky and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors and officers, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the site or any of the Visual Solutions 360/Michael Kolchesky features, (ii) your breach or alleged breach of these terms of service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the site or any of the Visual Solutions 360/Michael Kolchesky features, or (iv) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from your use of any of the Visual Solutions 360/Michael Kolchesky features.
You must use either your real name or nickname
Absolutely no paid comments are allowed.
You must not post any SPAM, links to Spam, Phishing sites, or other harmful content here.
No harsh, foul, demeaning or overly critical language is allowed.
Rights in the Content You Submit
By posting your opinions, views and content (“Content”), you are granting Visual Solutions 360/Michael Kolchesky a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.
For Content, you submit to a blog other than your own, label your submission with a full copyright notice, i.e., your name, the word “copyright” or symbol “©” and the year of first publication.
When publicly displaying, publicly performing, reproducing or distributing copies of your Content, or Content as incorporated into a collective work, Visual Solutions 360/Michael Kolchesky will make best efforts to credit your authorship. You grant Visual Solutions 360/Michael Kolchesky permission to use your name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to delete any of your Content.
Visual Solutions 360/Michael Kolchesky reserves the right to remove certain content that you may post. As a general matter, you may post content freely to your blog and to those of others, so long as the content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
You may not use the Visual Solutions 360/Michael Kolchesky name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by Visual Solutions 360/Michael Kolchesky is strictly prohibited.
By posting content to any blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold Visual Solutions 360/Michael Kolchesky harmless for any and all claims resulting from content you supply.
You acknowledge that Visual Solutions 360/Michael Kolchesky shall have the right to remove in its sole discretion any content that it considers violating these Terms or in the discretion of Visual Solutions 360/Michael Kolchesky is inappropriate or against the best interests of Visual Solutions 360/Michael Kolchesky
You understand that all content posted to visualsolutions360.com is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of Visual Solutions 360/Michael Kolchesky.
You agree that Visual Solutions 360/Michael Kolchesky will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Collecting personal information from children under the age of 13 is prohibited. No Content should be directed toward such children without the express written permission of Visual Solutions 360/Michael Kolchesky.
These terms of service, and any other agreement regarding Visual Solutions 360/Michael Kolchesky features or the blog between you and Visual Solutions 360/Michael Kolchesky, constitute the entire agreement between you and Visual Solutions 360/Michael Kolchesky with respect to your access and use of the site and Visual Solutions 360/Michael Kolchesky features and supersede all prior and contemporaneous agreements between you and Visual Solutions 360/Michael Kolchesky. If any of the provisions of these terms of service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Visual Solutions 360/Michael Kolchesky’s failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. These terms of service shall be interpreted, and your performance hereunder shall be governed, by the laws of France, and applicable federal law, without regard to any conflicts of laws provisions. You also agree that, in the event, any dispute or claim arises out of or relating to your use of the site or the Visual Solutions 360/Michael Kolchesky features or the blog, that you and Visual Solutions 360/Michael Kolchesky will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Paris, France, with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
If you have any other questions about these terms of service or your rights or Visual Solutions 360/Michael Kolchesky’s obligations relating to any of the Visual Solutions 360/Michael Kolchesky features or the Blog, please email us at email@example.com.