IMPORTANT: This page contains statements which have legal force. You must comply with the directives therein. Your rights may be impacted by this document: you should read it carefully to determine if this is the case.
All portions of The Vistua Network are provided subject to this General Disclaimer and Terms ("GDT", "The GDT"). your use of The Network denotes acceptance of this document. Definitions
"The Organization" refers to The Vistua Network, its organizational constituent(s), employee(s), contractor(s), partner(s), licensor(s), affiliate(s), administrator(s), trustee(s) etc and the heir(s) and estates(s), successor(s), owner(s) and shareholder(s) or assign(s) of the same, or as many of these exist from time to time.
"Administration" refers to the administrator(s) and/or operators of The Vistua Network. "Administration" is a subset of "The Organization".
"Related Entities" refers to the contractor(s), partner(s), licensor(s), and affiliate(s) of The Organization and the heir(s) and estate(s) etc of these. "Related Entities" is a subset of "The Organziaton"
"The Network" refers to some or all of the services, technologies and products provided to you by Administration and/or some or all of The Organization. Some of these are made available to the general public, others are available only to authorized users.
"Users" are defined in the section "Your Relation to The Network"
"You", "your" and similar refer to you, whether or not you are a user and the heir(s) and estate(s) etc of you or as many of these exist from time to time
Administration provides The Network to you on a discretionary basis only; Administration will make a good-faith effort to maintain The Network and to deliver The Network to you, The Organization is not contractually obligated to do so and may discontinue or modify some or all of The Network at its sole discretion and is not required to notify you of this. No joint venture nor partnership nor any other kind of business relation is created between The Organization and you as a result of your use of The Network and/or acceptance of The GDT.
Users are those persons or organizations whom are authorized to access some or all private services, technologies and products of The Network. Users are additionally governed, in their use of The Network, by the Acceptable Use Policy and any other policies and notices which may exist or be created by The Organization. Some users may be granted access to greater or lesser services, technologies and products than other users. The term "superuser", which is used in some documentation, does not have any meaning under The GDT.
Administration provides, to its users, and at its sole discretion, assistance and technical support with The Network, as it is able and as it is willing, to a reasonable extant. However, the final responsibility to learn how to use The Network lies with you. In some cases Administration may be unable or may refuse to assist you.
You agree and understand that The Network is not fault tolerant and is not intended for use in situations where the failure of The Network could result in death, destruction or severe harm to persons, property or the environment, and...
...that The Network includes website(s), documentation and other information resources. While an effort is made to ensure correctness and accuracy of these, there may be errors or inaccuracies in them and the suitability and completeness of the information therein is not guaranteed. This information is no substitute for a consultation with a professional. You agree that The Organization is not responsible for this, and...
... that '''The Network IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF "MERCHANTABILITY" AND/OR "FITNESS FOR A PARTICULAR PURPOSE", to the maximum extent possible under the law.
You accept sole liability for any consequences of your use of The Network, even consequences arising from faults in The Network, even if The Organization has been advised of the existence or possibility of the existence of these or other faults.
You agree that IN NO CASE shall The Organization be responsible (for damages, lost profits or tort, or under any other theory of liability) for the failure, undesired operation, erroneousness, inaccuracy, unsuitability, faultiness, or interruption of all or any portion of The Network; for typographical or editorial errors; or for the disclosure or interception of private or confidential information or communications.
Users agree not to bring litigation against The Organization, and to indemnify and hold blameless The Organization, in perpetuity and irrevocably, in any litigation whatever, to the maximum extent possible under the law.''
Some portions of The Network are not provided for public access, and are made availably only to our private users. Access to these portions is forbidden without authorization.
Communications on The Network may be of an interstate nature, inherently because of the technical architecture of The Network, which is distributed amongst data-centers and servers located in several states of the U.S. including but not limited to New York, Arizona and California. Even if your communication is to a person in the same state, that message may legally travel interstate without respect to the physical location of you, at the time that you sent the message, or at any other time. Your legal rights may be influenced by this.
If you are a user of The Network (as defined above) your use of The Network is purusant to any policies or notices, including the Acceptable Use Policy, which may be published by The Organization.
Void where prohibited. Should any portion of The GDT be prohibited, declared void or found non-binding by a court or so rendered by U.S. law, all other portions (if any) shall be in full effect.
The GDT shall be governed by the laws of The State of New York