Terms and Conditions

[VisibleMgr]

Visible Community Terms of Service and User Guidelines

Your use of the Visible Community (Forums, Blogs, and Idea Exchange) is governed by these Visible Community Terms of Service, together with the Visible Community Privacy Policy or the Visible Terms of Use (collectively, the "Terms"). The Terms describe the permitted and prohibited uses of Visible Community, among other things. Your access or use of the Visible Community is evidence of your acceptance of the then-current version of the Terms, and any related rules and/or guidelines covering the Visible Community that we post online, which may be modified from time to time.

Visible reserves the right to modify the Terms at any time, effective at the time we post any of the updated Terms on one of our websites. Visible also reserves the right to apply, waive, or modify these Terms as they apply to a specific post or user without affecting the application of these Terms to any other post or user.

"Posting" means, but is not limited to, any text, links, images, communications, opinions, software, data, and any other content any person provides on Visible Community.  Any violation of the Terms may result in the suspension or termination of your access or use of Visible Community.

Participating in the Visible Community

The Visible Community is intended to provide members and anyone interested in Visible with the opportunity to exchange useful and helpful information. You must be above the age of thirteen to participate. We may edit or remove any posting we consider, in our sole discretion, to violate the Terms or be inappropriate for the Visible Community for any reason.

Use of the Visible Community

You are responsible for exercising good judgment in evaluating and taking action based on the posts in the Visible Community, since the posts may reflect different levels of knowledge and experience by participants. You agree that Visible is not responsible for the accuracy of the content in the Visible Community and will not be liable for any damages incurred as a result of your use of any such content. Participants may post hypertext links to content hosted and maintained by third parties. Visible has no obligation to monitor these linked sites, and is not responsible for them. Accessing any such linked sites is done entirely at your own risk.

Posting to the Visible Community

You agree not to upload, post, or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data, or other information) that includes any of the following inappropriate content:

• Any personal information belonging either to the poster or another person, such as full name, address, phone number, email address, order numbers, and trouble ticket repair numbers;
• Spam, such as advertisements for other web sites and services, or other commercial solicitation; chain letters, or pyramid schemes;
• Flood, such as excessive posting or padding posts; use of the word bump in order to move the post to the top;
• Profanity; 
• Material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable;
• Discussion of illegal activities or providing links to other websites containing such information;
• Discussions that are unrelated to resolving the issue at hand, or abuse any company or product.
• Discussions of moderator actions on the boards. If you need to comment on a moderator action, please private message any administrator/moderator;
• Material, the posting of which violates any party's copyright or other intellectual property rights;
• Posting, publishing, uploading, reproducing or distributing personal contact information belonging to Visible or Visible employees; .
• Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component;
• Posting a link directing users to any information or content that would constitute a violation of the Terms or of any State or Federal law;
• "Bombing" the Visible Community or individual threads with repetitive or meaningless postings, postings unrelated to the purpose of the Visible Community, excessive cross-posting;
• Attacks, including "Flaming" another user or entity in such a way as to incite or perpetuate an argument or conflict; creating usernames to attack other users' identities; impersonating other individuals or falsely representing one's identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant's privacy by including name, address, phone, email address, or any other identifying information.
• Posts that describe how to violate any Visible or Visible policy or term or conditions; .
• Posts that discuss hacking and/or rooting a device from any carrier; or 
• Likes abuse including soliciting others for Likes, or giving an excessive number of Likes to a specific user.

Please Note: Visible reserves the right to remove any post or poster we deem inappropriate for any reason, at our sole discretion.

Idea Exchange License

You grant to Visible and its designees a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid up and royalty free license to use (i) any ideas, expression of ideas or other materials you submit to the Visible Community (collectively, "Materials"), and (ii) any and all intellectual property rights you have that cover or are in any way related to the Materials, whether in patent, copyright, trademark, trade secret, or any other proprietary right, in each case without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party (the “License”).

The License shall include, without limitation, the right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and sublicense the Materials, and own all rights therein in the name of Visible or its designees, throughout the universe in perpetuity in any and all media now or hereafter known.  The License shall also include the right to, directly or indirectly (including through multiple layers of persons/entities), make, have made, use (including by Visible customers), sell, offer for sale, import, distribute, and otherwise dispose of any product or service that includes any ideas, inventions, embodiments, or other concepts that are part of the Materials, and use any and all intellectual property rights you have related to such Materials.  The License shall also permit Visible and its designees to use the Materials (including portions thereof), rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Visible and its designees or any third party, with the Materials you submit. Any such works shall be owned by Visible and shall not be subject to your approval or payment by Visible of any compensation to you.

You agree that the Materials you submit: (i) are original to you and accurate, (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right, (iii) are owned by you and are not subject to any claim of ownership by your current employer, a former employer, or any third party, (iv) do not contain the confidential information of any third party, and to the extent they contain your confidential information, immediately become non-confidential the moment you submit the Materials to the Visible Community; and (v) are submitted by you on your personal behalf, and not on behalf of your employer or any third party.  You also agree that you have filed to protect and/or preserve any protectable ideas contained in the Materials, to the extent you wish to protect and preserve them (e.g., through copyright registration, patent application filing, etc.) prior to your submission of such Material to the Visible Community.

You acknowledge and agree that the relationship between you and Visible is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Materials you submit.

By making a submission, you acknowledge and agree that Visible and its designees (i) are continually and independently of the Materials working on ways to improve upon and expand Visible’s product and services offerings, and may create on their own new products or services that are similar to the Materials, (ii) obtain many submissions from others that may be similar or identical to the Materials you submit through Visible Community or other channels and means. You hereby waive any and all claims you may have had, may currently have, and/or may have in the future related to Visible’s review, acceptance, and/or use of the Materials, (iii) are under no obligation to review, use, or in any way process your Materials, regardless of the status indicated on the Visible Community.

Registration Requirements

While registration is not required to read posts on the Visible Community, you must register an account with the Visible Community in order to post to the Visible Community.

Visible Members

Our moderation team reserves the right to reject any new user accounts if they do not meet criteria for entry into the Community. 

We work hard to make sure the Community is a safe space for all users. To prevent spam attacks we ask that all users keep an eye out for items that don’t look right. Please use the “Flag” option under the option menu to the right of the post title. This will automatically send the post into moderation and our Community team will take any needed course of action.

Visible may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person or employee, or violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that Visible rejects for any other reason in its sole discretion. You agree that all information provided in your profile is accurate, up to date, and complete, and that it will be continuously updated. 

Privacy Concerns

Visible strongly discourages you from posting personally identifiable information in the Visible Community. Any information posted on the Visible Community is at your own risk. Visible respects and protects the privacy of our customers and those who use our web sites, and the Visible Community Privacy Policy provides details of our approach to privacy and how we collect, use and protect personal information. But information posted on the Visible Community is public and can be easily viewed and used by others.

Moderators

Visible reserves the right to manage the postings on the Visible Community to provide an orderly presentation of this information. To effectively manage the Visible Community, Visible may designate employees and/or others to act as moderators and administrators for the Visible Community ("Moderators"). These Moderators and/or authorized contributors are the only representatives of Visible authorized to manage the Visible Community. Any Visible employees, subcontractors, or vendors who are not designated as Moderators, Employees, Community Managers, or authorized contributors are not authorized to represent themselves on the Visible Community as Visible employees. Authorized Visible Employees are distinguished by the Rank of "Employee" (or such similar designation, as chosen by Visible) and/or an official Visible logo as an Avatar. Visible is not responsible for content provided by any Visible employee who is not designated as a Moderator or an Employee.

Community Monitoring

Users are asked to help Visible keep the Visible Community a valuable and enjoyable information resource for all participants by notifying us of any offending messages or other violations of these Terms. To advise us of such a posting, click the "Report Inappropriate Content" or “Mark as Spam” link on the applicable post. Repeat offenders will be contacted by private message on the Visible Community and Visible will take appropriate action to address the violations.

Modification and discontinuance of the Visible Community

Visible reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, the Visible Community (or any part of the Visible Community, including any postings) with or without notice. You agree that Visible will not be liable to you or third parties for any modification, suspension, or discontinuance of the Visible Community.

Termination

Your privilege to utilize or access the Visible Community may be terminated by Visible immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or utilizing the Visible Community and agree not to re-register or otherwise make use of the Visible Community. Furthermore, you acknowledge that Visible reserves the right to take action -- technical, legal, or otherwise -- to block, nullify, or deny your ability to access the Visible Community. You understand that Visible may exercise this right in its sole discretion.

Disclaimer of Warranties and Limitation of Liability

MOST OF THE CONTENT POSTED TO THE COMMUNITY IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH VISIBLE. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT VISIBLE DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT VISIBLE IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD VISIBLE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH VISIBLE COMMUNITY, USE OF VISIBLE COMMUNITY, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. THE CONTENT ON VISIBLE COMMUNITY IS "AS IS" AND CARRIES NO WARRANTIES. VISIBLE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON VISIBLE COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. VISIBLE DOES NOT WARRANT THAT VISIBLE COMMUNITY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. VISIBLE IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE VISIBLE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIBLE AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF VISIBLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND VISIBLE.

Miscellaneous

The Terms are a complete statement of the agreement between you and Visible, and set forth the entire liability of Visible and your exclusive remedy with respect to your access and use of the Visible Community. In the event of a conflict between these Visible Community Terms of Service and either the Visible Community Privacy Policy or the Visible Terms of Use applicable to Visible, these Community Terms of Service prevail. The agents and employees of Visible (including Moderators) are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Visible . Any waiver of the Terms by Visible must be in a writing signed by an authorized officer of Visible and expressly referencing the applicable provisions of the Terms. Your privilege to use or access the Visible Community may be terminated by Visible immediately and without notice if you fail to comply with any of the Terms. Upon such a termination, you must immediately cease accessing or using the Visible Community. If any provision of the Terms is invalid or unenforceable under applicable law, then it is to be, to that extent, deemed omitted, and the remaining provisions will continue in full force. The Terms do not limit any rights that Visible may have under trade secret, trademark, copyright, patent, or other laws.