VISR Terms of Use

LAST UPDATE: September 19, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING VISR. BY CREATING AN ACCOUNT WITH VISR, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREE TO ADHERE TO THE VISR PRIVACY STATEMENT

These Terms of Use govern your use of any website or application maintained by VISR INC. (“VISR” or “we” or “us”). These Terms of Use cover the use of the VISR App available online, on the Apple App Store and on the Google Play Store and updates thereto, as well as any other websites and applications that may be developed in the future (the “Applications”).

These Terms of Use may be updated at any time and it is your responsibility to monitor and review such updates.

If you do not accept these Terms of Use, do not access or use the Applications.

ACCOUNT

In order to use the Application, you must register and create a personal account. In doing so, you will be required to provide us with personal information about yourself and your child (children) and our use of this information is subject to the VISR PRIVACY STATEMENT.

You agree to be responsible for maintaining the confidentiality of your account identifiers which you choose or are assigned to you, as a result of any registration with the Application. Further, you will promptly notify VISR of any unauthorized use or access, or suspected use or access, of your account.

All references to your use of the Applications in this Terms of Use or in the Privacy Statement apply to the use of the Applications by a person whom you authorize to access your personal account.

VISR WILL NOT BE RESPONSIBLE FOR THE ACCURACY, MAINTENANCE OR USE OF ANY INFORMATION YOU PROVIDE, NOR BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR PROVISION OF ANY INFORMATION TO VISR THROUGH THE USE OF THE APPLICATIONS.

USE OF THE APPLICATIONS

You are only authorized to create an account and use the Applications if you have reached the age of majority in your jurisdiction of residence.  By using VISR, you represent that you are the age of majority in your jurisdiction of residence, and you agree to use the information that your receive or access through the Applications in accordance with all applicable local, state, provincial, national or international laws and regulations.

VISR will monitor your child’s online usage and provide reports to you via the app itself, email, text or other means  on this usage. By creating an account with VISR, you expressly authorize us to track your child’s activity, using their name and the other personal information that you provide to us. You also authorize us to gather information from the various internet platforms that they use (ex. Facebook, Instagram, Snapchat, Twitter), including content that is designated as public or private, and on website, whether such website is created and maintained by you or your child, or by any third party.  VISR will collect and store this personal information and use it to send you alerts and reports in relation to your child’s online activity. It is your responsibility to inform your child of your registration with VISR and the fact that your child’s online usage is being monitored through VISR. Once your child reaches the age of majority, VISR will automatically suspend all services associated with monitoring your child's online activity. By providing personal information about a child, you represent and warrant that you are the legal guardian of such child, and that you are not prohibited by law from providing such information to us.

The analysis and notification of online usage provided by the Applications is automatically generated by our computer systems, and is not conditional on human observers of your child's activities. Our systems are designed to automatically search for particular words, terms or other data, and provide notifications to you in accordance with selected preferences that are established when your account is registered or updated. VISR MAKES NO REPRESENTATIONS ABOUT THE TYPE OF INFORMATION THAT IS DETECTED BY OUR SYSTEM OR THAT IS CONTAINED IN THE NOTIFICATIONS THAT ARE PROVIDED TO YOU, OR IN THE ABILITY OF THE APPLICATIONS TO DETECT ANY PARTICULAR INFORMATION.

IF YOU HAVE ANY CONCERNS ABOUT THE INFORMATION CONTAINED IN A NOTICE RELATING TO YOUR CHILD’S ONLINE ACTIVITIES OR OTHERWISE PROVIDED TO YOU THROUGH THE USE OF THE APPLICATIONS, OR IF YOU DETECT OR SUSPECT CRIMINAL ACTIVITY, OR BELIEVE THERE IS A RISK OF HARM TO ANY INDIVIDUAL, YOU ARE SOLELY RESPONSIBLE TO REPORT THIS TO THE POLICE OR OTHER AUTHORITY.  

USE OF THE APPLICATIONS IS NOT INTENDED TO REPLACE OR SUBSTITUTE YOUR LEGAL AND ETHICAL RESPONSIBILITIES TO PROTECT THE HEALTH AND WELFARE OF THE CHILDREN FOR WHICH YOU ARE A LEGAL GUARDIAN. VISR IS NOT RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON THE INFORMATION AVAILABLE TO YOU THROUGH THE APPLICATIONS.

 

RESTRICTIONS

While using the Applications, you agree not to: (i) interfere with other users' use of the Applications; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate or misrepresent your affiliation with any person or entity; (v) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

VISR reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of Applications, including without limitation, taking legal action, or suspending or terminating your access without notice. Termination of services may not be eligible for a refund of prepayment.

INTELLECTUAL PROPERTY

All trademarks, names, logos, software and technology used for the Applications is the property of VISR and/or its partners and are protected by intellectual property laws. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Applications except as permitted by these Terms of Use is strictly prohibited. All rights reserved. Except as expressly provided above, nothing contained herein shall be construed as conferring upon you any license or right in the Application.

You may use material available through the Applications for your personal use for non-commercial purposes.

Reverse engineering and data-mining of the Applications are serious offenses and legal action will be taken against any violation.

DISCLAIMER OF WARRANTIES

THE APPLICATION, INCLUDING ANY PERSONAL INFORMATION ACCESSED THROUGH THE USE OF THE APPLICATIONS, OR ANY OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE USE OF THE APPLICATIONS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

VISR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PERSONAL INFORMATION OR ANY OTHER CONTENT ACCESSED THROUGH USE OF THE APPLICATIONS. INFORMATION MAY NOT BE CURRENT AT THE MOMENT YOU USE THE APPLICATIONS AND MAY CONTAIN ERRORS.

VISR MAKES NO WARRANTY THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT NOTIFICATIONS OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE APPLICATIONS IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR VERIFYING ANY PERSONAL INFORMATION OR OTHER CONTENT BEFORE RELYING ON IT. FOR GREATER CERTAINTY, YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THE APPLICATIONS, RESTS WITH YOU. YOU FURTHER AGREE THAT VISR WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THE SITES OR THE APPLICATIONS.

NO LIABILITY

IN NO EVENT WILL VISR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APPLICATIONS, ANY LINKED WEBSITES OR THE PERSONAL INFORMATION ACCESSIBLE ON OR THROUGH THE APPLICATIONS OR LINKED WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL VISR OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APPLICATIONS BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE PERSONAL INFORMATION ACCESSIBLE OR CONTENT PROVIDED THROUGH THE APPLICATIONS.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless each of VISR, its affiliates, officers, directors, employees, agents, representatives and service providers, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms of Use; (b) your access to, use of or reliance upon the Applications, personal information or other content that is accessible through the use of the Applications; or (c) your infringement or breach of any intellectual property, privacy rights or other rights of any person.

GENERAL

The Applications are owned and operated by VISR and administered by itself as well as third party service providers. These terms and conditions contained herein represent the entire agreement between VISR and you. By using the Applications, you agree that any disputes arising from your use of the Applications shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada.

The section titles are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms of Use, please contact please contact VISR at legal@visr.co.