Globalcad Consultants Ltd ("Globalcad") provides the Visual-Explorer.com site and various related services (together referred to as the "Site") subject to your compliance with these Terms of Service ("TOS"). By using the Site, you agree to be bound by the terms and conditions set forth below.
If you do not wish to be bound by the TOS, please exit the Site now. Your sole remedy for dissatisfaction with the Site, or any products, services, content, or information available on or through the Site, is to stop using the Site and/or those particular services.
Globalcad or its assignees may amend these TOS from time to time by updating this page; a link to this page will appear on most Site pages. Your continued use of the Site will indicate your acceptance of the revised TOS. Please bookmark this page and periodically review it for updates, to ensure that you are familiar with the most current version.
As used in these TOS, Globalcad's "Affiliates" refers to Globalcad's owners, subsidiaries, affiliated companies, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
Intellectual Property Information
Copyright © 2011 Globalcad Consultants Ltd. All Rights Reserved.
All material within the Site is the property of Globalcad and/or its Affiliates. Except for a single copy made for personal use only, you may not reprint, republish, resell, or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material. Globalcad and its Affiliates do not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe rights of third parties.
"Visual-Explorer.com", the Visual-Explorer.com logo and the BlueG logo are trademarks of Globalcad. All other trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, and/or trade name of Globalcad or its Affiliates.
Materials on the Site
While Globalcad uses reasonable efforts to include accurate and up-to-date information in the Site, Globalcad and its Affiliates: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on or through the Site; and (b) assume no liability or responsibility for any errors or omissions in the content of the Site (regardless of the cause) or for any resulting damages. If you do become aware of an error, please contact us using one of the forms provided in our Support area.
Content available through the Site often represents the opinions and judgments of an information provider, Site user, or other entity not connected with Globalcad. Globalcad neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorised Globalcad spokesperson acting in his/her official capacity. Under no circumstances will Globalcad or its Affiliates be liable for any loss or damage caused by your reliance on information obtained on or through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available on or through the Site.
Your use of the Site is at your own risk. Neither Globalcad nor its Affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability or other theory, arising out of or in connection with: (a) your access to, or use of, the Site; (b) any products, services, information, activities, and/or materials available on or through the Site; (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through the Site, regardless of its origin; (d) any breaches of security involving the Site or your account, or any lack of availability or operational problem of, the Site; or (e) any viruses or other code that may affect your computer equipment or other property as a result of your use of the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING AVAILABLE ON OR THROUGH THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY GLOBALCAD OR ANY OTHER OF ITS AFFILIATES.
IN NO EVENT SHALL GLOBALCAD OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY DOWNLOADED MATERIALS, EVEN IF GLOBALCAD OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING DISCLAIMER IN NO EVENT SHALL GLOBALCAD'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO GLOBALCAD, IF ANY, FOR PRODUCTS OR SERVICES PURCHASED ON THIS SITE.
Third Party Sites
Portions of the Site may include links to sites operated by third parties (i.e., sites not owned or operated by Globalcad). Use of third-party sites is at your own risk. GLOBALCAD MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE.
Globalcad and its Affiliates do not endorse, and shall not be liable in connection with, any information or services available on or through any third-party site, except to the extent that a particular Affiliate owns the third-party site and affirmatively states a different policy. Third-party sites may have their own agreements or policies governing use of their sites.
Code of Conduct
You are responsible for ensuring that your use of the Site is in compliance with any applicable laws or regulations. You agree not to:
Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation, (a) using, or attempting to use, any account without the
owner's permission, (b) obtaining or soliciting another person's password or other personal information under false pretences, or (c) impersonating another
user or otherwise misrepresenting yourself to Globalcad, our Affiliates, the Site's systems, or other entities. Impersonation of Globalcad personnel is grounds
for immediate termination without notice.
Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security
function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorised to access. Unauthorised
access (or attempts) can subject you to civil and/or criminal penalties.
Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by
Globalcad) information or material, or any information or material that could constitute or encourage conduct that would be considered a criminal offence, give
rise to civil liability, or otherwise violate any law.
Post or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated
for such purpose.
Misuse any e-mail function available on or through the Site. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that
causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such
communication, (c) sending bulk e-mails, "Spam", chain letters, "mail bombs", or other disruptive transmissions, or (d) forging message headers or otherwise
concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
Use the Site to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for
determining whether any material you post, store, or transmit is subject to a third party's rights;
Use the Site for any unlawful purposes; or...
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, de-compile or disassemble any portion of the Site.
Globalcad may from time to time monitor or review public Site discussions, chats, postings, transmissions, bulletin boards, and the like, although Globalcad is
under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations. Globalcad may keep archives of any or all
public postings or submissions. Globalcad may refuse to post, or may remove at any time, any information or materials, in whole or in part, that Globalcad
determines are unacceptable, offensive, or in violation of these TOS. Globalcad will cooperate with law enforcement authorities or court orders directing
Globalcad to disclose the identity of anyone posting any such information or materials.
Globalcad may immediately terminate or limit without notice any individual's use of all or portions of the Site and/or such user's account(s) in the event of any conduct by such user which Globalcad in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of these TOS. Such termination may occur without notice to the user.
Globalcad may make accounts available to corporations or other companies (referred to generally as a "corporate account"). Any company opening a corporate account shall designate an individual to serve as Administrator of the account. The Administrator must have legal authority to bind the company to these TOS, and to take other binding actions on the company's behalf. The Administrator will be responsible for (a) the compliance with these TOS by all users of that corporate account, (b) insuring that all payments due in connection with the account are duly made, (c) receiving any notices from Globalcad and communicating them to other company users as needed, and (d) any other responsibilities of an Administrator published on the Site. Only employees of the company may hold sub-accounts under a corporate account.
Globalcad may make e-mail services available to Site users, either directly or through a third-party supplier. Globalcad will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or recipient, or as otherwise required by law or by court.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. Globalcad will not be responsible for any such blocked or deleted messages.
Globalcad may at any time, without prior notice (a) cancel any user registration or account, or deny or limit any user's access to all or portions of the Site, (b) change or eliminate any component of the Site, and/or (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof.
While Globalcad attempts to ensure the listing of accurate and up-to-date prices, offers, and other information, it will not be responsible for typographical or other errors, regardless of their cause.
You are responsible for maintaining the confidentiality of your account information and any password(s), and must immediately notify Globalcad of any unauthorised use of your account. . Protect your password - you are responsible for all use made under your account, including any mail sent and any charges and taxes incurred. Globalcad personnel will never ask you for your password..
Although the Site may be accessible worldwide, not all products, services, or information referenced in the Site are available to all persons in all geographic locations or jurisdictions. Globalcad reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
Nothing contained in these terms shall be construed to limit the actions or remedies available to Globalcad and/or its Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any term of these TOS does not constitute consent or waiver, and Globalcad reserves the right to enforce such term at its sole discretion.
You agree to indemnify, defend and hold harmless Globalcad and its Affiliates against any and all claims, damages, costs or other expenses that arise directly or indirectly from (a) your breach of this Agreement, (b) your activities in connection with the Site, and/or (c) any other matter for which you are responsible hereunder or under law.
These TOS shall be governed by the law of the United Kingdom. Any action to be brought in connection with these TOS or the Site shall be brought in the courts of the United Kingdom and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and reasonable legal fees. In the event that any provision of these TOS are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.
This Agreement constitutes the entire agreement between Globalcad and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are expressly cancelled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Trademark and Copyright Information
GlobalCAD, GlobalCAD (logo), BlueG, BlueG (logo), Visual Explorer, Visual Explorer (logo), Visual Explorer Ultimate, Visual Explorer Ultimate (logo) are trademarks of Globalcad Consultants Limited. Copyright © 2011 Globalcad Consultants Ltd. All Rights Reserved.
© Copyright GlobalCAD Consultants Ltd (BlueG). All rights reserved.