Visual Who Terms of Service
These Terms of Service govern the terms of your access and use of this website and its Services, and constitute your legal agreement with us.
You should read these Terms carefully before you use the Website or Services.
BY REGISTERING OR BY USING THE SERVICES AND/OR THE WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE.
Information returned by Visual Who is consolidated from multiple sources although every attempt has been made to ensure the quality the information provided is not authoritative. Before relying on this information, you will need to do you own research to verify and validate it. By using visualwho.com, you agree to not use any of the information returned for any purpose that falls under the FCRA.
- “Terms”, “Terms of Service” mean these Terms of Service.
- “We”, “us” means Visual Who, Inc., the owner and/or the administration of the Website.
- “User”, “you” means a person or a business entity using the Website, its content or the Services.
- “Website” means this website including its sub-domains, programming code, related technologies, know-hows, databases, content and design.
You will need to register and be logged in to use the Services and to have access to certain functionality of the Website.
When you register, you will be asked to choose a username and a password.
You are responsible for safeguarding your credentials and you agree not to disclose them to any third party.
You agree that you will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions.
You agree to provide true, accurate, current, and complete information about yourself.
Right to Contact. We reserve the right to contact you in order to evaluate compliance with the rules and policies in these Terms. For purposes of service messages and notices about the Website or the Services, including promotional communication, we may email you such notices to an email address associated with your account.
3. Opt-Out Requests
Please note that we do not own, keep or process any information that appears in search results when you enter your name into the Website’s search field. This information is hosted on other websites, such as data brokers, aggregators of personally identifying information, yellow pages and other various publicly available online directories and social networks. We provide only hyperlinks to that information and showcase only its snippets.
Nevertheless, it is easy to remove information about you from our Website by visiting the REMOVE link at the bottom of each page on this site.
Information You Provide To Us. You represent and warrant that while using the Services:
- All information provided by you will be accurate and truthful,
- You will not use or provide any fraudulent, misleading or inaccurate information, and
- You are not impersonating any person and not falsely state or otherwise misrepresent your affiliation with any person.
- If you provide any information that is or that we suspect is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Services and refuse any and all current or future use of the Services.
- To provide information required for provision of the Services, including scanned copies of your valid driver’s license or state ID card, and
- To respond promptly to requests for information and content approvals.
- You understand that the results of the Services are in direct correlation with the promptness and completeness of information provided by you to us.
Your Authorization. You authorize us:
- To use the information you have provided to us, including personally identifying information, to search the Internet, and to find and manage the removal of your information from third-party websites, including submitting opt-out requests,
- To contact third parties, including data brokers, aggregators of personally identifying information and other parties who publish your personal information,
- To create online accounts with the aforementioned third parties in your name for the sole purpose of providing the Services to you, and
- To take the actions described above on your behalf and to identify us as acting on your behalf.
Disclaimer. Please note that it may take up to 2 months starting from receipt by us of complete information required to provide the Services for opt-out requests to be handled by third parties, including data brokers, aggregators of personally identifying information and other parties who publish your personal information.
We do not guarantee or warrant that we will be successful in effecting removal, suppression or alteration, if such Service is to be performed, of any online content or information about you designated by you as private and/or unwelcome content.
You acknowledge and agree that methods and techniques used by us for removing your personally identifying information from third party websites as part of the provision of the Services may not lead to actual removal of your information.
You recognize that we will act in good faith and use reasonable efforts when we assist you in managing your online reputation and your personally identifying information, but that we cannot guarantee that third parties will honor the requests, remove your information, or will not develop new technologies preventing removal of your information.
We do not represent, warrant or guarantee that the Services will achieve the result that you desire or that was proposed or agreed upon as the desired result at the time the Services were ordered.
5. Subscriptions and Payment Terms
Free Services. If you signed up for use of one of “free services” then you will not be charged or assessed any fees whatsoever.
Payment Methods. Payments for subscriptions to the Services may be made by credit or debit card or via PayPal. Please note that when you make payments, the transaction is re-directed from the Website to a third-party payment provider’s website and your financial information is not shared with us. We are not responsible for the processing of payments and shall not be liable for any matter in connection therewith.
Trial Period. We may provide free access to certain features for you to assess the Services during the trial period.
Month-to-Month Subscriptions. In the event that your subscription to the Services is on a monthly basis, your subscription will automatically renew at the end of the monthly billing cycle unless you provides us with written notice of non-renewal during the prior calendar month. You will be automatically charged the applicable monthly subscription fee for each month or partial month that your month-to-month subscription is in effect.
Annual Subscriptions. You may elect to purchase annual subscription. Your annual subscription will automatically renew at the beginning of each subsequent anniversary year unless you give prior written notice of non-renewal at least thirty (30) days prior to the expiration of the current year subscription.
IF YOU HAVE REGISTERED FOR A PAID SUBSCRIPTION AND NOT A FREE SERVICE YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION TERM UNLESS YOU CANCEL IT AS PROVIDED IN THESE TERMS
In the event that you cancel the payment card provided to us to pay for the Services or the card expires or is otherwise terminated, you must promptly provide us with a new valid card number in order to maintain your subscription to the Services and avoid any disruptions to its renewal. You authorize us, from time-to-time, to undertake steps to determine whether the card number provided to us is a valid card number.
Cancellation. You have the right to cancel your subscription at any time, for any reason, and can do so by using the Website’s unsubscribe feature . If you choose to cancel your subscription, you will not be charged for any billing period beyond the one in which you canceled.
Refunds. All amounts paid are non-refundable and non-transferable. In exceptional circumstances a refund (for annual subscriptions – prorated for the number of remaining months) may be approved by our service team, provided you have shown evidence that the case merits the refund.
We reserve the right to refuse any refund request for reasons including but not limited to the following:
- You have changed your mind about the Services.
- You ordered the Services by mistake.
- You made a wrong decision.
- You do not have sufficient time or expertise to use the Services.
- You ask for goodwill.
- You have not provided us with detailed information about the problem you experience with the Services, which prevents us from investigating the situation.
- You are in breach of these Terms.
- If we reasonably suspect that you are using the Services fraudulently or that your account is being used by a third party fraudulently.
- When claiming a refund you accept full responsibility for confirming that all the information you have provided to us is true and complete.
When a refund has been assessed by us as due:
- For month-to-month subscriptions: we will refund for the current month only, no refunds for previous months will be made.
- For annual subscriptions: (i) the refunded amount will be prorated for the number of remaining months and (ii) the discount applied to annual subscription compared to month-to-month subscription will not apply. Please, refer to our FAQ section for examples of how refunds are calculated.
Late Payments. We reserve the right to suspend, terminate or disable your access to any of the Services in the event that any fees owed to us are not received on or before the applicable payment due date.
Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, any other applicable taxes that may be imposed, based on this agreement, or the use of the Services, and any applicable fees or surcharges that may occur regarding the transaction.
Changes. Sales, promotions and other special discounted pricing offers (if any) are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to update our pricing and/or discontinue or modify any coupons, credits, sales and special promotional offers at its sole discretion. We reserve the right to make free Services fee-based or change the cost of the Services, or to charge for other Services, at any time. We may repackage the Services or change the subscription fees from time to time in our sole discretion.
If we change our prices for your type of subscription, the price you initially subscribed to will stay locked-in.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or the Services. However, subject to the terms and conditions of your subscription and other provisions of these Terms we will attempt to help you with any queries or problems that you may have with the Website or the Services. Providing our representatives with all the information they need to solve your problem will expedite your request for assistance.
7. Intellectual Property Rights
Our Intellectual Property Rights. We own and protect from illegal use the exclusive rights in Our Intellectual Property, in particular:
- Programming code of the Website;
- Design and elements of the Website;
- Website databases;
- Services and content distributed through the Website or derived out of the use of the Website;
- Other content, which is not Third Parties Intellectual Property.
No rights in Our Intellectual Property are granted to you, except for the rights explicitly indicated in these Terms.
Third Parties Intellectual Property Rights. Third Parties Intellectual Property that is used on the Website or available through it is the intellectual property of its respective owners and protected by intellectual property rights. All such rights are reserved by their owners.
All trademarks are the property of their respective owners. We, the Website and the Services are not sponsored, endorsed or affiliated with any data brokers and other third-party distributors, platforms or providers of personally identifying information.
8. Use of Website and Services
License Grant. Permitted Use. Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Website and the Services for your own personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Website and the Services in the manner permitted by these Terms.
Any other use (including commercial use) of the Website and the Services requires our prior written consent.
The Website and the Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website and the Services.
Restrictions. You agree that you will not do any of the following while using or accessing the Website and the Services:
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website.
- Use the Website or the Services in a commercial manner.
- Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content.
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or the Services to send altered, deceptive or false source-identifying information.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website or through the Services, servers or networks connected to the Website or the Services or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the Services.
- Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the Website or the Services.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or the Services.
- Attempt to access, search or meta-search the Website or the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers, including without limitation any software that sends queries to the Website or the Services to determine how a website or web page ranks.
- Collect or store personal data about other Users without their express permission.
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
- Post, upload, or otherwise transmit through the Website or the Services any content
- that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or is otherwise objectionable in our opinion;
- that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity), or otherwise violates or promotes the violation of the rights of any third party;
- that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, or interferes with the access of any user, host or network, including without limitation sending a virus, overloading, flooding or spamming the Website or the Services.
- Use the Website or the Services in any manner not permitted by these Terms.
- Encourage or instruct any other individual to do any of the foregoing or to violate any these Terms.
9. Disclaimer of Warranties
Your use of the Website, Services and any other information, products, functionality or software made available through the Website or the Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
The Website, Services and all materials, information and products included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, ITS CONTENT AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
We disclaim any warranties:
- Regarding the security, accuracy, reliability, timeliness and performance of the Website or the Services.
- That the Website or the Services will be error-free or that any errors will be corrected.
- That the Website or the Services will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.
- No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
We do not have any obligation to verify the identity of Users registered on the Website and using the Services, nor do we have any obligation to monitor the use of the Services by Users. Therefore, we disclaim all liability for identity theft or any other misuse of your identity or information by others.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or the Services.
Compatibility. We do not warrant that Website will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
Third Parties Software and Content. We are not responsible for:
- The content, services, applications or availability of third parties’ websites that you access using the Website or the Services.
- The availability, performance, functionality or any consequences of your use of any third parties’ components, software, modules built into or otherwise integrated and available through the Website or the Services.
10. Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNT OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIFTY ($50) U.S. DOLLARS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:
- Your access to or use of the Website or the Services.
- Your violation of these Terms.
- Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
12. External Links
You are advised not to provide any personally identifiable information to any third party service unless you know and are comfortable with the party with whom you are interacting.
Without limiting other rights we will have the right to insert, place or include advertisements of any type on the Website or through or the Services. We are not responsible for such advertisements and their content.
13. Your Feedback
If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Website or the Services, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or noncommercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
We reserve the right, at our sole discretion:
- To modify or revise these Terms at any time by posting the amended Terms on the Website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the Website and the Services.
- To make changes, update or discontinue the Website, Services or any format, feature or functionality thereof at any time with or without notifying you.
- To terminate or restrict access to the Website or the Services for any reason whatsoever.
- Your continued use of the Website or the Services after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the Website and the Services immediately, and cancel the account you have opened with us.
15. Termination and Account Cancellation
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
Termination by You. You may terminate these Terms in accordance with Section 4 “Subscriptions and Payment Terms”.
Termination by Us. Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website or the Services, and/or may remove any of your data at any time if:
- You violate any term of these Terms.
- You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
- You engaged in other actions relating to or in the course of using the Website or the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, us, any other third parties or for the Website or the Services.
- You have ‘charged back’ or denied any of the payments that you made for your subscription,
- It is required by applicable law, or
- We cease offering the services and/or discontinued the Website or the Services
Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services or cancel your account at any time and for any reason.
Effect of Termination. Upon termination of these Terms all licenses and rights to use the Website and the Services shall immediately terminate; and you will immediately cease any and all use of the Website and the Services.
Upon any termination you will no longer be able to access data or content submitted by you. We will have no obligation to maintain any information and content stored in our database related to your account or to forward any information to you or any third party.
Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
Choice of Law. You agree that the laws of the State of Florida govern these Terms, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Location for Resolving Disputes. You further agree that any disputes or claims related to these Terms will be resolved by state courts located in the State of Florida and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS, YOU ARE:
- WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN,
- IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE NATIONAL COURTS LOCATED IN FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US, AND
- SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
No Agency. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Services.
Government Use. Nothing in these Terms makes us a government contractor. If you are a government user or otherwise accessing or using the Services in a government capacity, please contact us prior to entering these Terms.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
- Via email (to the address that you provide during registration), or
- By posting to the Website.
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
- Consent to receive communications from us in an electronic form via the email address you have submitted; and
- Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.
We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Severability and Integration. These Terms constitute the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.