Introduction

Welcome to www.visjou.com, a website owned and operated by Visjou, LLC (“Visjou,” “us,” or “we”).  Visjou provides its members and guests with a platform for sharing their passion for travel and fashion, connecting with others with a similar passion, and answering the question of what to wear and pack when traveling to destinations across the globe.

By accessing and using our website and its content, resources, services, and tools (the “Services”), you understand and agree to be bound by these “Terms of Service.”

We reserve the right to make changes to these Terms of Service at any time by updating this page and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically to familiarize yourself with any such modifications.  By continuing to access and use the Services after those changes become effective, you consent and agree to be bound by the revised Terms of Service.

You also consent and agree to be bound by our Privacy Policy.

These Terms of Service are effective as of May 1, 2013.


User Content

Visjou allows you to provide certain information about yourself (such as location of residence, travel history, birth date, etc.), post comments, photos and other content, and send messages to other Visjou users (“User Content”). You represent that all your User Content is accurate, correct, and current.

You are solely responsible for your User Content. Visjou does not pre-screen or monitor User Content and assumes no liability for any User Content posted by you or any other user.

You retain all rights in your User Content.  However, you agree to grant us a perpetual, irrevocable, worldwide, royalty-free license to use, store, display, reproduce, modify, translate, publish, and distribute your User Content for the purpose of providing the Services and to sub-license these rights to other users of our website.  To learn more about our collection and use of information about you and your computer or other device, please see our Privacy Policy.

You may cancel your account at any time, but we may retain and continue to use and share your User Content in accordance with the terms of our Privacy Policy. 

Acceptable Use

You are solely responsible for your use of the Services, for the confidentiality of your login information and any use of the Services or other activities conducted using your login information.  Any access or use of the Services by anyone under 13 years of age is prohibited.

We reserve the right to remove any User Content that does not comply with the general purposes or the overall look and feel of our website.

In addition, you agree to not engage in any of the following prohibited activities:
  • Reproduce, display, mirror, or frame the Services, any individual element within the Services, the Visjou name, trademark, logo, or other proprietary information, or the layout or design of any page within the Services, without our express written consent;
  • Send or post any unsolicited or unauthorized spam or other comments, advertising messages, promotional material, email, junk mail, etc.;
  • Use the Services for any commercial purpose or for the financial benefit of you or any third party, except as otherwise explicitly agreed to by you and by Visjou, or in any other manner not permitted by these Terms of Service;
  • Interfere with or attempt to interfere with the access of the Services by any user, host, or network;
  • Impersonate or misrepresent yourself or your affiliation with any person or entity;
  • Utilize the Services as an online storage facility for pictures, documents, or any other digital media not specifically related to your Visjou Lookbooks or related travel documents;
  • Collect or store any personally identifiable information of other users without their express permission;
  • Access or use the Services by any means other than the software or search agents provided by Visjou or those generally available to web browsers;
  • Disrupt or interfere, or attempt to disrupt or interfere, with the Services, our servers, network, or other resources;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
  • Violate any applicable law or regulation.
We reserve the right, at our sole discretion, to remove any User Content that we feel does not comply with these Terms of Service. We are not responsible for any delay or failure to remove such content.  We also reserve the right to terminate any user account for any reason. Your use of the Services represents your consent to, and your agreement to waive all claims against Visjou arising out of, such removal or termination.

Any attempt to engage in any of the foregoing prohibited activities or use of the Services may be a violation of criminal and civil law.  We reserve the right, in addition to any other remedies, to seek damages or pursue criminal prosecution for any such violation.

Commercial Use

If you plan to use our website for commercial means, you must create a sponsor account.  We reserve the right to block your account if we believe you are using our resources for commercial purposes and without having agreed to the terms of a sponsor account.  For information on how to create a sponsor account, please contact us at info@visjou.com.

Third Party Links

Our website may contain links to third-party websites, advertisers, products, or services.  You agree to access these third-party websites at your own risk.  We assume no liability for claims that arise from accessing third-party websites from links on our website or from any content, products or services that are available from any third-party websites.

Copyright/Trademark

All content and materials on www.visjou.com is the intellectual property of Visjou, unless explicit rights or content ownership are otherwise identified.  Much of the content on www.visjou.com is sourced from across the internet, and ownership rights are identified when you click through to the source of the content.  If you are a copyright owner and believe our Services infringe on your intellectual property rights, please contact us at info@visjou.com.

Disclaimer of Warranties; Limitation of Liability

The Services are provided “as is” and “as available.” Visjou disclaims any and all warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or trade usage.

You use the Services at your discretion and risk. To the fullest extent permitted by law, Visjou is not liable for any direct, indirect, incidental, consequential, or exemplary loss or damage arising out of your use of the Services, including as the result of any change, data loss or corruption, cancellation, termination, or downtime.

Visjou does not endorse, support, or sanction any User Content, including comments and opinions, made available on or through the Services. You agree that Visjou is not liable for such User Content, even if it violates these Terms of Service.  In no event shall Visjou’s aggregate liability for any claims arising out of your use of the Services exceed one hundred dollars ($100.00).

Indemnification

You agree to indemnify and hold harmless Visjou and its employees, officers, agents, ad representatives from and against any claims or liabilities arising out of your use of the Services.

Copyright Policy

Visjou respects the intellectual property rights of others and expects its users to do the same. It is Visjou’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Visjou will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Visjou’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Visjou’s Designated Copyright Agent. Upon receipt of the Notice as described below, Visjou will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice").

1. Identify the copyrighted work(s) that you claim has been infringed.

2. Identify (i) the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature. Mail or email this Notice, with all items completed, to Visjou’s Designated Copyright Agent:

Visjou Copyright Agent
9227 E. Lincoln Avenue Ste 200

PMB #105
Lone Tree, CO 80124
Email: info@visjou.com

Termination

You agree that we may, at our sole discretion, suspend, block, or terminate your access to all or part of our Services, with or without notice, for any reason.  Any suspected illegal or fraudulent activity may be grounds for termination, and may be referred to appropriate law enforcement authorities.  Upon termination, your right to use the Services will immediately cease, and we reserve the right to remove or delete any information you may have on file with us.

Disputes and Jurisdiction

In the event of a dispute with Visjou, you agree to attempt to resolve the dispute with us informally by contacting us at: info@visjou.com. These Terms of Service shall be governed by the laws of the State of Colorado without respect to its conflict of laws principles. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Denver, Colorado, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens. 

Miscellaneous

We reserve the right to post additional terms and conditions in the relevant portions of the Services that are hereby incorporated by reference into these Terms of Service.  Your continued access or use of the Services constitutes your agreement to be bound by these additional terms and conditions.  Any new features of the Services, including updates, upgrades, or new services, shall also be subject to the terms and conditions of these Terms of Service.

These Terms of Service and our Privacy Policy, including any amendments, constitute the entire agreement between you and Visjou concerning the Services.

Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us of any breach of these Terms of Service will constitute a waiver of any subsequent breach, and no delay or failure by us to exercise or enforce any right under these Terms of Service shall constitute a waiver of such right.  If any provision of these Terms of Service or our Privacy Policy is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

We may sub-license, transfer, sell, or assign these Terms of Service or any of our rights or obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign these Terms of Service at any time to any person or entity, and any attempt to do so will be null and void.

Contact Us

If you have any questions or comments on these Terms of Service or our Privacy Policy, you can contact us at: info@visjou.com.