MyNetworkBuilder.com – Terms of Service

Effective Date: April 7, 2017

Welcome to the Terms of Service Agreement for Austin Visuals. This agreement describes the terms on which you may access and use our services. To become an Austin Visuals user, accept all of the terms and conditions of this agreement as well as our Privacy Policy. In the event of any inconsistency between the Austin Visuals Privacy Policy and this User Agreement, the User Agreement shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this agreement. Your continued use of Austin Visuals indicates your acceptance of the amended User Agreement.

Description of Service

Austin Visuals is a software tool that makes the business networking process easier by automatically connecting business individuals to each other through a pairing system. Any two people are connected by the number of qualities that they have in common.  Based on specific criteria, we match business people from any existing social media group and when prompted, facilitate a phone, video or in-person meeting of a matching of business professionals. Patent Pending.

 

Services

 

Austin Visuals’s websites and domains, including www.MyNetworkBuilder.com, www.AustinVisuals.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites, including culture-FX.com (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications (collectively, the “Applications”) are offered, maintained and provided by Austin Visuals. We refer to all of these as our “Services.” Austin Visuals is a Texas corporation with its principal place of business at 51 Rainey Street, Suite 2004 Austin TX 78701. (“Austin Visuals,” “us,” “we” or “our”).

 

Users

 

Through the Services, Austin Visuals provides a simple and quick means for registered users who are business professionals and entrepreneurs who are looking to make lasting business connections and expand their network.

 

Membership Eligibility

Austin Visuals service is not available to minors under the age of 18 or to any users suspended or removed from the system by Austin Visuals for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their Austin Visuals account to another party. If you do not qualify, you may not use the Austin Visuals service.

Use of Service

Your use of Austin Visuals is governed by this User Agreement. Austin Visuals may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Austin Visuals of any unauthorized use of your password or account or any other breach of security Austin Visuals cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that Austin Visuals may, with or without cause, immediately terminate your account and access to Austin Visuals services without prior notice. Without limiting the foregoing, the following will lead to a termination by Austin Visuals of a user’s account (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Austin Visuals account includes removal of access to all offerings within the Austin Visuals Service and may also bar you from further use of Austin Visuals. Furthermore, you agree that all terminations shall be made in Austin Visuals‘s sole discretion and that Austin Visuals shall not be liable to you nor any third-party for any termination of your account or access to the Austin Visuals Service.

REFUND POLICY

Austin Visuals will gladly stop monthly or yearly automatic billing on any account or service provided. If you sign up for a monthly service and request the service to be canceled, your account will remain active until the renewal date; at which time the membership will be canceled. Deletion of a user profile is a separate request.

To cancel your account you can do so on the website or contact: [email protected] .

User Conduct

You understand and agree not to use Austin Visuals to:

  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use the Austin Visuals Service for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using Austin Visuals invitations to send messages to people who are unlikely to recognize you as a known contact; b) Using Austin Visuals to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
  • Upload, post, email, transmit or otherwise make available any material 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 hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Austin Visuals Service.
  • Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the Austin Visuals Service or servers or networks connected to the Austin Visuals Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Austin Visuals Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using Austin Visuals, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy  to learn more about information collected on this website). You understand that by posting materials on the Austin Visuals website or otherwise providing materials to Austin Visuals, you are granting to Austin Visuals a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Austin Visuals service. Furthermore, you understand that Austin Visuals retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through Austin Visuals is the sole responsibility of the person from which such content originated and that Austin Visuals will not be liable for any errors or omissions in any content. You understand that Austin Visuals cannot guarantee the identity of any other users with whom you may interact in the course of using the Austin Visuals Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

In many ways, Austin Visuals also serves as a search engine that extracts and summarizes information from other sources across the Internet. This information may be inaccurate and we may make mistakes when extracting the information. Austin Visuals assumes no responsibility regarding the accuracy of the information that is provided by Austin Visuals. Once we have collected information about a person / company, we combine multiple mentions of the same person into an individual Profile. The resulting Web Summaries are then made available to the public through Austin Visuals.

Additionally, Austin Visuals allows users to create and/or update their own Profile. Any information provided by a user to be part of his or her Profile will be available to the public as part of the Austin Visuals service. Users who create and/or update their own Profile can change or delete any information they provide if they choose to do so. Please use caution when posting personal identifiable information.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Austin Visuals website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Communications

In the course of providing you services, Austin Visuals may need to communicate with you via email (see our Privacy Policy  to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of Austin Visuals, including a series of emails which help inform new users about various features and upgrade opportunities. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through Austin Visuals.

Uploaded Emails – Third Party Platforms

Growing your network often begins with inviting your existing contacts to join you on a new network like Austin Visuals. Austin Visuals simplifies the process by providing an automated way to invite multiple people across a variety of communication platforms (other social networks, email accounts, etc.). Note: Austin Visuals is not liable for any communication made between our users and members of other networks or the networks themselves. Invitations originating from Austin Visuals to people outside of the network at the request of our current users are done entirely independent of Austin Visuals and therefore absolve Austin Visuals from damages or complaints that may be brought by a recipient or third-party platform.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with Austin Visuals, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Consequences of cancellation

In the event of cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). This means that all activity related to your profile becomes the sole possession of Austin Visuals including all efforts related to SEO, SEM, etc. So for example, if our SEO efforts get your profile ranked #1 on Google and you decide to cancel, the ranking by virtue of the profile (owned by Austin Visuals) becomes the possession of Austin Visuals. Austin Visuals has the right to use the profile ranking thereafter however it wishes.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless, its Austin Visuals officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Austin Visuals; ii) unauthorized access to or alteration of your communications with or through Austin Visuals, or iii) any other matter relating to Austin Visuals. Any business transactions which may arise between users from their use of Austin Visuals are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Austin Visuals may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Austin Visuals, its users, and the public.

 

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE Austin Visuals SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Austin Visuals DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. Austin Visuals ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. Austin Visuals EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Austin Visuals MAKES NO WARRANTY THAT (i) THE Austin Visuals SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Austin Visuals SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Austin Visuals SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Austin Visuals SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Austin Visuals SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Austin Visuals SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Entire Agreement

The User Agreement constitutes the entire agreement between you and Austin Visuals and governs your use of the Austin Visuals Service, superseding any prior agreements between you and Austin Visuals.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Austin Visuals SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Austin Visuals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Austin Visuals‘s TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law

The User Agreement between you and Austin Visuals will be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws principles.

General Information

Austin Visuals, the Austin Visuals logo, and other Austin Visuals logos and names are trademarks of Austin Visuals. You agree not to display or use these trademarks in any manner without Austin Visuals prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect.

 

Terms Of Use

 

Application

 

The following policy sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Service and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with Austin Visuals.

 

Incorporation By Reference.

 

These Terms of Use and the rights and obligations contained in these Terms of Use are in addition to and are incorporated into the Terms of Service. Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.