Welcome to vizdrive marketplace
Hi! Welcome to vizdrive marketplace, hosted on vizdrive.com. vizdrive is a marketplace for products and services by creative sellers while managing their portfolios. It is also a place to connect with customers to bid and get hired for custom products and services. It is owned by Bluecilium LLC. The words "we" (or) "us" in the following sections refer to Bluecilium LLC.
When you create an account and accept these terms, you will become a member of vizdrive marketplace and have an account that will allow you to buy and sell items on the vizdrive marketplace and make other related transactions.
vizdrive marketplace allows members to buy and sell products and services. On vizdrive marketplace, buyers and sellers transact with each other directly and we provide the platform that will enable the transactions. The transactions are stored in your member account - As a buyer, it stores the payments made by you to sellers on the vizdrive marketplace; As a seller, it stores the payments made by buyers to you.
The items on vizdrive marketplace are owned by the sellers, not by us. We provide a platform and we do not take ownership of the items.
Browsing and Membership
Browsing: You need to be 13 years or over to browse the vizdrive marketplace. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our vizdrive marketplace whether or not you’re a member.
Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
Benefits: Membership is free. When you become a member you get an vizdrive marketplace account. Your membership will allow you to ‘buy’ (license) items from sellers, participate in our online forums, and generally contribute to vizdrive marketplace. Membership also gives you the opportunity to become a seller (see Becoming a Seller - here).
Responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use on the vizdrive marketplace that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you will let us know immediately. It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the these terms carefully.
The license to use the site and mobile app only extends to the uses expressly described herein. The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or app services that compete with us.
Unauthorized uses of the site and mobile app also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
• Any commercial use of the site and mobile app or any content on the site and mobile app, other than by members in good standing, or by members under a valid license to software offered on the site and mobile app (a "valid license");
• Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
• Reproduce any portion of the site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
• Deep-link to any portion of the site without our express written permission;
• Modify, translate into any language or computer language or create derivative works from, any content or any part of the site;
• Reverse engineer any part of the site and mobile app;
• Sell, offer for sale, transfer or license any portion of the site and mobile app in any form to any third parties;
• Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
• Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or • Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
Terms of buying: When you buy an item on vizdrive marketplace, you’re doing so on the following terms:
- you promise to us and the seller that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the sellers do not promise that any particular item will continue to be available on vizdrive marketplace. You should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
- the seller retains ownership of the item;
- your relevant details may be provided to the seller of the item in order to facilitate the transaction, for example for invoicing and item support services;
- we have the right to enforce against you the terms of the license that you have acquired from a seller.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
- We promise that the item you buy on the vizdrive marketplace will be suitable for the purposes described on the site, and we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied promises about any items on vizdrive marketplace.
Promises from seller: The seller of an item you buy promises you that:
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by the author on the item preview page, as well as any item preview;
- they will honor any express promises given to you that are not contained in these terms;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
- if the item is marked as 'supported', they will provide you with the services as outlined in the item detail page.
This is what authors are promising you when you buy an item.
- You are responsible for paying all other fees and taxes associated with your use of vizdrive marketplace wherever levied. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
Given the nature of products and services, a refund or credit on a purchase is not granted unless one of the promises given by the seller in the section "Promises from seller" has been breached. If you would like to request a refund, please contact us here.
We or a seller will assess refund requests on their merits, considering the customizations of vizdrive marketplace items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
If the seller or we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. If the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method (see the section "Currency conversion costs" about currency conversion back to your local currency).
Disputes lodged with payment agents: If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your Vizrdrive marketplace account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your vizdrive marketplace account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
Becoming a Seller
If you become a seller, these terms will continue to apply, along with the seller Terms *** you’ll sign up to. To become a seller click here here.
What we own: We own all the content that we have put on vizdrive marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the vizdrive marketplace, and copyright, trademarks, designs and other intellectual property on the vizdrive marketplace. We own all the trademarks, logos, service marks and trade names on vizdrive marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.
What we don’t own: We do not own the items on vizdrive marketplace; our sellers do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the vizdrive marketplace do not infringe the intellectual property rights of a third party. (Each seller provides promises to you directly when you purchase their item – see "Promises from seller" section.)
Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that sellers do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us here.
Model and property releases: Items are available for commercial use (unless stated otherwise by the Seller on an item page). Sellers are responsible for obtaining and keeping a model or property release if one is needed; please ask the seller directly if you need a copy of a release.
Our use of your information
Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the vizdrive marketplace will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the vizdrive marketplace, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the vizdrive marketplace to any other person.
Prohibited Conduct: vizdrive marketplace is an open marketplace, and to ensure a functioning and healthy marketplace, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on vizdrive marketplace but you promise that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorized access to computer systems or content through the vizdrive marketplace;
- attempt to contact other members through the vizdrive marketplace or use any information gained from the vizdrive marketplace Market with the intention to make a private arrangement that would otherwise be made using the vizdrive marketplace;
- enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Seller Terms;
- use information gathered from or through the vizdrive marketplace in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
- attempt to or actually interrupt, negatively impact or alter the vizdrive marketplace operation in any way;
- use the vizdrive marketplace or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the vizdrive marketplace , other than in accordance with these terms or the license for the item.
Comments, reviews and ratingsYou may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. vizdrive reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant vizdrive a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant vizdrive and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify vizdrive for all claims resulting from content you supply. vizdrive has the right but not the obligation to monitor and edit or remove any activity or content. vizdrive takes no responsibility and assumes no liability for any content posted by you or any third party.
Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the vizdrive marketplace and any content might result in liability to us or anyone else.
The terms of this Agreement and marketplace offerings are governed by the laws of the United States (including federal arbitration law) and the State of Washington, U.S.A., without regard to its principles of conflicts of law.
Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We may, using reasonable discretion, decide whether or not your use of vizdrive marketplace complies with these terms. We can suspend or terminate your vizdrive marketplace account at any time for any reason (acting reasonably of course) for any of the following reasons:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- If you act in a way that could cause us or members harm.
If we do decide to permanently terminate your vizdrive marketplace account you must not apply for a new account.
We use the Stripe to collect payments and pay Sellers- https://stripe.com/us/legal If you make a payment, we receive your payment as a limited agent for the seller and your obligation to pay the seller is met when we receive the payment successfully.
Liability and indemnity - between us and members
We provide vizdrive marketplace, not the items on vizdrive marketplace.
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of vizdrive marketplace and any content you post to vizdrive marketplace (including, if you are a seller, your items).
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on vizdrive marketplace;
- information provided by sellers about their items (including on any item page); and
- your use of items from vizdrive marketplace.
Our liability to you in connection with vizdrive marketplace or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to the total buyer fees and seller fees paid by you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity - between sellers and members
Each seller grants to each buyer of the seller’s items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer's use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies the seller of the claim and gives the seller the option to control the defense of the claim (at the seller's cost), then the seller will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the seller regarding that claim.
The liability of each seller to their buyers is otherwise limited, for each item purchased, to the seller's earnings from the payment for that item, except to the extent that the seller's liability arises from willful misrepresentations made about the item.
This means that the seller's liability to buyers is limited.
Limitations of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE BLUECILIUM LLC AND ITS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM OR LOSS OF PROFIT, REVENUE OR OTHER DAMAGES ARISING FROM THE SITE OR APP OR THE MARKETPLACE OFFERINGS EVEN IF WE ADVISED THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU SHALL EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE REDDIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE SITE, APP, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR APP, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PRODUCT AND SERVICE LISTINGS AND CUSTOM ORDERS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY PRODUCT OR SERVICE LISTINGS OR CUSTOMER ORDERS OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
Availability: We strive to have vizdrive marketplace available to you 24 hours a day, seven days a week but occasionally you might not be able to access vizdrive marketplace, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how vizdrive marketplace works. We will not be liable to you for any loss you suffer as a result of these things.
Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and sellers are bound only by the express promises made in these terms. Our and each seller's liability for breach of a non-excludable consumer guarantee is limited, at our or the seller's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.
vizdrive marketplace is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN list). You must not export or re-export vizdrive marketplace items to a U.S. sanctioned country or to anyone on the SDN list.
Notices and CommunicationsWhen you use vizdrive website or app, or send e-mails and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Notice to California residents
Under California Civil Code Section 1798.83, vizdrive customers who are residents of California may request certain information. You have the right to request certain information regarding the disclosure of your information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the following address: Bluecilium LLC 2501 173RD PL NE, Redmond WA 98052 Alternatively, you may send us an email at firstname.lastname@example.org.
Any notice you send us must be submitted via a help request - here. Any notice we send to you will be emailed to your vizdrive marketplace account email address.
Changes to vizdrive marketplace Terms:
We may change these terms at any time and if we make changes, we will take reasonable steps to alert our members know about the changes. It is your responsibility to keep track of changes that have been made to our terms by referring to the latest version posted on the site and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use vizdrive marketplace after the changes are made, then you will be agreeing to the changes.
Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
If there are any questions regarding use of this site or marketplace offerings or to resolve a complaint, you may contact us using the information below.
2501 173rd PL NE
Redmond WA 98052
Last Edited on July 14 2018