Lid Vizion, LLC – Terms of Use
Effective Date: December 18, 2022.
The following terms and conditions govern your use of Lid Vizion, LLC (“Lid Vizion” , “We” , “Our” or “Us”) services, websites, apps, software, servers, and devices (“Services” or “Service”). These Terms of Use (“Terms” or “Terms of Use”) are meant to explain our mutual rights and obligations regarding the Services. Please read these Terms carefully and keep a copy for future reference.
By accessing, browsing, viewing or otherwise using the Services, you are entering into an agreement (“Agreement”) with Lid Vizion and you will be legally bound by these Terms, the privacy policy (“Privacy Policy”), the cookie policy (“Cookie Policy”), and any other available policy governing our Services.
If you do not agree with the Terms, the Privacy Policy, the Cookie Policy, any legal notice, or any policy, please refrain from using the Services. Lid Vizion reserves the right to update these Terms at any time without notice to you. The most current version of these Terms can be reviewed by clicking on the Terms of Use hyperlink in the footer of our web pages, and as available in our Services. Your continued use of the Services after any posted changes confirm your acceptance of such changes.
If you have any questions about this information, feel free to contact us via email at (legal at lidvizion.com).
Eligibility
You represent and warrant that you have the authority, right, and capacity to enter into these Terms and understand them in their entirety. If you are under 13, you must have a parent or legal guardian authorize your account and associate it with their account for you to create an account. If you are authorizing an account on an individual under 13, then you represent and warrant that you are the parent or legal guardian of the child. If you are between 13 and 18 (or the age of majority in your jurisdiction), you can use the Services without the authorization of a parent or legal guardian. We do not knowingly collect or maintain personal information from children under 13 years of age. Certain features and parts of the Services may not be available to an individual based on age.
Not all Services mentioned are available to all individuals or in all geographic locations. Further, the Services might contain inaccuracies or non-verified information depending on the jurisdiction. We reserve the right to restrict any portion of the Services to certain people or geographic areas. If any portion of the Services is prohibited in your jurisdiction, then such access to that portion of the Services is void in such jurisdiction.
Accounts and Security
Certain portions of the Services require setting up an account (including username and password), and you may use another authentication method if available. You agree to maintain the confidentiality of your account information and are solely responsible for it and any and all activity that occurs within your account. Further, you shall notify Lid Vizion in writing at (security at LidVizion dot com) if there is any unauthorized use of your account, or any other breach of security. You agree to be held liable for any damages resulting from the use of your account. We assume anyone using the Services under your account is transacting as you.
You agree not to use another’s account without that person’s written permission. You can register one account with Us, however if you have been previously suspended, deactivated, or otherwise removed from the Services, you shall not create or register another account or use the Services. You shall provide accurate, complete, and up to date information about yourself as prompted by the Services (“Profile”). You shall maintain and properly monitor your Profile, and We are not responsible for any loss resulting from you not keeping up with your Profile. You grant Lid Vizion a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, display, modify, adapt, creatively derive, or otherwise use any text, images, files, or other (“Profile Content”) in your Profile.
You agree that any Profile Content added to your Profile is (i) owned or licensed, or that you otherwise have all rights permitting you to use the Profile Content; (ii) not infringing on the intellectual property rights of another; and (iii) not pornographic, offensive, harassing, violent, or otherwise inappropriate. We reserve the right to remove or delete any Profile Content, in Our sole discretion, that violates any of these Terms.
The data you add into your Profile will be what We use to communicate with you. We send notices to the email addresses, phone numbers, or other contact information you provide to Us. You can adjust communications preferences in your settings.
Lid Vizion is not required to permanently store any information and you are encouraged to make a backup of any data or information input into the Services.
Points
Certain portions of the Services allow you to earn points (“Points”) for actions. Points can be earned for taking actions such as scanning items, taking quizzes or surveys, sharing portions of the Services with your network, and other actions that are available within the Services. Points range from 1-1,000+ points depending on your actions taken, the number of times you have completed an action, and other usage based factors. Lid Vizion may also limit the number of points you can earn in a period of time to prevent spamming, bots, and other methods of accumulating points that are in violation of these Terms of Use, or otherwise considered at Lid Vizion’s sole discretion to be contradictory to the purpose of the Services. All rates and methods of earning points are subject to change, at Lid Vizion’s sole discretion, at any time and for any reason.
Points have no cash, currency, or other value outside of that which is provided within the Services, or for exchanging in our Rewards Program. In addition, Points cannot be transferred to other users and Points have no property value and you own no property right in the Points. Points cannot be traded, pledged, gifted, sold, brokered, or otherwise transferred, and if any transfer is accomplished this is a violation of the Terms of Use and such transfer shall be null and void. Lid Vizion reserves the right to change, modify, remove, discontinue, terminate or otherwise alter Points, the Rewards Program, or any available offers at any time and for any reason.
Points can sometimes be earned for referring other users to create an account or for sharing certain aspects of the Services. It is your sole responsibility whether, how, and to whom you send a link to, as well as the text, and associated links or codes that come with the pre-formatted and written message. You also agree that you will obtain all necessary permissions and consents from the other person before contacting that person from within the Service. Any attempt to circumvent this process, such as creating non-existing persons or creating multiple accounts for one person shall be void and in direct violation of these Terms. We reserve the right to void or take any action necessary to preserve the integrity of the Services and its appearance, including but not limited to, any share that could be considered offensive, harassing, pornographic, violent, or contain any otherwise inappropriate content, all determinations at Lid Vizion’s sole discretion.
By creating an account and earning points, you agree to share your display name, profile image, points earned, and other information with other users.
The Services are not always accurate, and there is no guarantee that Points will register for any specific action, or if Points are awarded for an action there is no guarantee that the same action will continue to earn Points.
Account Linking
In some instances, We allow you to link your account to third party purchasing accounts. By linking these third party accounts, you are authorizing Lid Vizion to use your log-in credentials for that account and you agree that Lid Vizion can act as your agent to access the relevant information through those accounts to provide information, Points, or otherwise deliver insights from within the Services. You represent and warrant that by providing this account information that you are authorized to provide these credentials and that you have authority to grant Lid Vizion access to the account. Any information accessed from these accounts is subject to these Terms of Use and our Privacy Policy. Information provided between these accounts are encrypted in transit and at rest, and the credentials are stored on your device, not in our systems. Thus, Lid Vizion is not responsible for these credentials as we have no control over them.
Rewards Program
Certain portions of the Services allow you to interact and engage partners via our Lid Vizion Rewards Program (“Rewards Program”). Joining the Rewards Program requires setting up an account and opting into the Rewards Program to interact with brands, sponsors, and other partners (“Rewards Partner”). By participating in the Rewards Program, you are agreeing to, and directing Us to, share your personal information with any Rewards Partner, regardless of whether you actually engage or interact with a specific Rewards Partner. The value received by you for participating in the Rewards Program depends on your level of engagement and interaction with the Rewards Partner. In addition, by completing surveys, taking quizzes, and using the Services, you are using the Program to intentionally interact with the Rewards Partner who provides rewards in the Program.
Any Rewards Partner may interact with you including via email, text and/or multimedia message, or otherwise as provided by the Rewards Partner’s privacy policy. We do not control, are not responsible for nor shall be held liable in any manner regarding your interaction or engagement with such policies. To stop sharing your personal information with all Rewards Partners in the future, please opt-out of the Rewards Program.
Text and Multimedia Messages
You consent and agree to receive transactional text and/or multimedia messages, including account notices, notifications, organization updates, warnings, security notices, emergency notices, and other communications related to the Services. Transactional messages cannot be unsubscribed from entirely, as We need a way to communicate this information to you. However, you can stop these text and multimedia messages by responding “STOP” to the message. This will unsubscribe you from receiving text and multimedia communications from Us. If you want to resubscribe to these notifications, you can do so in your account settings. Carriers are not liable for any delayed or non-delivered messages. Messaging and data rates may apply for any text or multimedia communications to you. For data and phone plan related questions, please contact your service provider. By participating in Our Rewards Program, you also consent for Us and our Rewards Partners to send text and multimedia messaging to you. You can opt-out of these messages from Lid Vizion by responding with STOP, and if it is one of our Rewards Partners, please submit a STOP or similar request as provided in their marketing message to you, of which they have control over the opt-out, and Lid Vizion disclaims any and all liability for these third party communications.
Intellectual Property
The Services and its text, user interfaces, photographs, trademarks, logos, music, sounds, visual interfaces, artwork, data, files, source code, and the selection and arrangement thereof (“Lid Vizion Content”), and associated features and functionality are owned by Lid Vizion and are protected by United States and international copyright, trademark, patent, trade secret, unfair competition, and any other applicable intellectual property laws or proprietary rights laws. Lid Vizion claims ownership over any and all intellectual property accessed via the Services, unless otherwise indicated as owned by a third party. Nothing in the Services should be construed as granting, in any manner, any license or right to any intellectual property right of Lid Vizion or any third party.
Certain portions of the Services permit you to upload your own Profile Content. You are not required to upload any Profile Content to use the Services, but some features can be enhanced, improved, or limited based on adding Profile Content provided. You agree to provide Lid Vizion a perpetual, non-exclusive license, to display, publish, reproduce, modify, edit, or otherwise use your Profile Content in the Services, or for any other reason. Further you agree to waive all moral rights in and to your Profile Content to favor Lid Vizion. In addition, you agree to release, defend, and hold harmless Lid Vizion, its employees, contractors, directors, affiliates, subsidiaries, successors, and assigns from and against any and all claims based on any claim relating to your Profile Content. You are responsible for all Profile Content you, or someone acting on your behalf, uploads to the Services and further agree that all Profile Content will be true, correct, accurate, and reliable, nor shall any Profile Content mislead, deceive, or otherwise impact another’s use of the Services.
Lid Vizion reserves the right in its sole discretion and without any notice to you, to edit, remove, delete, or otherwise modify all Profile Content to protect the integrity of the Services and other users.
Restriction
You may not: (I) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Lid Vizion; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services of unduly burdening or hindering the operation and/or functionality of any aspect of the Services, or using manual operations to attempt the same; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks or use actions that impose commercially unreasonable loads on architecture or systems supporting the Services; (vii) disguise the origin of any message, transmission, or other communication via the Services, or pretend, or represent, that you are someone else, or otherwise impersonate any individual or entity; or (viii) use the Services in violation of these Terms, that infringes on another’s rights, or any applicable law. Lid Vizion reserves the right to terminate access to your account or block any IP address or other unique identifier to enforce these restrictions.
Any form of fraudulent activity is strictly prohibited and is a violation of these Terms of Use. Lid Vizion may, in its sole discretion, take any legal or equitable action necessary to address any fraudulent activity and protect the integrity of the Services. You can contest any action deemed fraudulent within 15 days of receiving notice of the action. After 15 days, you waive any and all rights to any claim or action against Lid Vizion for its decision regarding your fraudulent actions.
Termination
At any time you can terminate your account or stop using the Services by using your settings to delete your account.
We may terminate your access to Lid Vizion Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms that by their nature shall survive termination, including, without limitation, ownership provisions, warranty, disclaimers, indemnity, and limitations of liability.
Warranty
LID VIZION MAKES NO WARRANTY, GUARANTEE, REPRESENTATION, COVENANT, PROMISES, OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY INFORMATION OR CONTENT PROVIDED VIA THE SERVICES. YOU CHOSE TO RELY ON SUCH INFORMATION OR CONTENT PROVIDED VIA OR THROUGH THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE NOT A SUBSTITUTE FOR DIRECT COMMUNICATION WITH YOUR HOST ORGANIZATION, IF APPLICABLE. THESE SERVICES ARE NOT INTENDED FOR COMPLETE, ACCURATE, OR FULLY COMPLIANT WAY OF DELIVERING INFORMATION OR CONTENT. FURTHER, LID VIZION HAS NO CONTROL OVER MATERIALS, COLLECTION, PROCESSING, HANDLING, TRANSPORTING, RECYCLING, OR OTHERWISE HANDLING MATERIALS AND THE END PRODUCTS, THUS, LID VIZION SHALL NOT BE LIABLE FOR ANY CANCELED COLLECTIONS, INJURIES, LOSSES, FINANCIAL CONSEQUENCES, OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE SERVICES WHATSOEVER. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK.
Limitation of Liability
WE DO NOT PROMISE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT THERE WILL BE NO DEFECTS, OR PROVIDE SPECIFIC RESULTS. WE ALSO DISCLAIM THAT ANY AND ALL FILES OR OTHER DATA WILL BE VIRUS FREE OR DEVOID OF CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR OTHERWISE. FURTHER, WE DISCLAIM ANY AND ALL LIABILITY FOR ACTS, OMISSIONS, ERRORS, FAILURE OF PERFORMANCE, COMPUTER VIRUSES, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY CAUSE OF ACTION BROUGHT AGAINST LID VIZION, OR ANY THIRD PARTIES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES, ANY THIRD PARTIES, OR ANY OTHER DISSATISFACTION WITH THE SERVICES. THIS LIMITATION IS BARGAINED FOR BETWEEN YOU AND LID VIZION. LID VIZION SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE DAMAGES, LOST PROFITS, OR OTHER POTENTIAL LIABILITIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY REGARDING THE SERVICES IS TO STOP USING THE SERVICES.
Indemnification
You agree to indemnify, defend, and hold harmless Lid Vizion, its officers, directors, shareholders, employees, predecessors, successors in interest, agents, legal and professional advisors, subsidiaries, and affiliates, harmless from any and all direct and indirect demands, losses, liability, claims, or expenses (including legal fees), made by any third party against Lid Vizion due to, resulting from, arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties as set forth in these Terms; (4) your violation of the rights of a third party, including but no limited to intellectual property rights; or (5) any other overtly harmful act toward any other user of the Services. Lid Vizion reserves the right, at your expense, to assume the exclusive defense and control of any matter where you are required to indemnify Us, and you agree to cooperate, at your sole expense, with Our defense of such claims. We will use commercially reasonable efforts to notify you of any such claim, action or proceeding that is subject to this indemnification upon Our actual knowledge of it.
Third-Party Sites
Our Services may contain links, embeds, and other functionality from third-party sites that are not owned or controlled by Lid Vizion. This could include promotions, sweepstakes, giveaways, advertisements, and other similar campaigns. Your communications and dealings with such third parties are solely the responsibility of you and that third party. All information provided via this third party content that is available in the Services is provided for informational purposes and should not be construed as an endorsement, guarantee, performance standard, and Lid Vizion does not represent or warrant that such third party content and information is accurate, reliable, up to date, complete, binding, safe, or otherwise fit for your particular purpose. Lid Vizion has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions, privacy policy, and any other notice, disclaimer or documentation contained on any third-party site that you visit or interact with. Such third party information displayed in the Services is subject to change at any time and without notice.
Ownership
By using Lid Vizion Services, you hereby grant Lid Vizion a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use any data submitted to improve the user experience and performance of the Services. No compensation will be paid with respect to your use of the Services.
The Services and all rights associated with it are and shall remain Lid Vizion’s and Lid Vizion’s Licensors’ property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Service except for the limited license granted to use the Services; or (ii) to use or reference in any manner Lid Vizion’s company names, logos, product and Service names, trademarks, or Service marks or Lid Vizion’s licensors.
Notwithstanding anything to the contrary in these Terms, title to and liability for prohibited materials shall at all times remain with you, and Lid Vizion shall not be deemed to own, generate, possess or control any (i) prohibited materials, or (ii) waste materials for which Lid Vizion has not expressly accepted title in writing. You are (i) responsible for the accuracy, quality, and legality of your data and the means by which you acquired your data, and (ii) must use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Lid Vizion promptly of any such unauthorized access or use.
Copyright Notice
If you reasonably believe that any portion of the Services infringes on any copyright owned or controlled by you, you may notify our designated agent at:
Attn: DMCA Agent
11767 South Dixie Hwy, Suite 426,
Pinecrest, FL, 33156
Email: dmca at lidvizion.com
Please see 17 U.S.C § 512(c)(3) for proper notification. If you knowingly misrepresent any activity or material in our Service as infringing, you could be liable to Lid Vizion for costs and damages.
Internet Access
The Services and all rights associated with it are and shall remain Lid Vizion’s and Lid Vizion’s Licensors’ property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Lid Vizion’s company names, logos, product and Service names, trademarks, or Service marks or Lid Vizion’s licensors.
Assignment
Lid Vizion may assign any or all of its rights and obligations to others at any time, without notice, and in our sole discretion. You may not assign, transfer, or otherwise delegate your rights under the Terms to another without Lid Vizion’s prior express consent.
Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Delaware, United States, without giving effect to any principles of conflicts of law. For purposes of these Terms, the parties consent to exclusive jurisdiction in Miami-Dade County, Florida.
Informal Dispute Resolution
To create a friendly, cost-effective, and efficient resolution to any issue under the Terms, you and Lid Vizion agree to first informally discuss for at least thirty (30) days before pursuing mandatory arbitration in accordance with the section of the Terms entitled Mandatory Arbitration; Class Action Waiver. To begin this informal process, please include your name, email, phone number, your concern and proposed solution to Us via email at (legal at lidvizion.com), or via certified mail to:
Lid Vizion, LLC
Attn: Legal Department
11767 South Dixie Hwy, Suite 426
Pinecrest, FL, 33156, U.S.A
Mandatory and Binding Arbitration; Class Action Waiver
If informal negotiations are unsuccessful, any and all disputes shall be (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JUDGE OR JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration shall take place in Miami-Dade County, Florida. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within Miami-Dade County, Florida, and the parties agree to submit to the personal jurisdiction and venue of that court.
Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of Lid Vizion, or its partners or affiliates, (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the parties agree to submit to the personal jurisdiction and venue of that court.
Waiver of Judge or Jury Trial
YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. The sole and exclusive remedy is mandatory and binding arbitration.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated terms and making them publicly available or otherwise available in the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. The Terms will show the “Effective Date” (or similar terminology), so that you are aware of when they were last changed.
Please review these Terms periodically for changes. If you do not agree to any of these Terms or any changes to these Terms, do not use, access or continue to access the Services or discontinue any use of the Services immediately.
Taxes
You are solely responsible for all applicable federal, state, local, or provincial taxes, levies, fees, or other charges associated with your participation and use of the Services.
Severability
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Survival
Any provisions that should be considered, by their very nature, to survive the termination of this Agreement, shall survive, including, without limitation, any provision regarding indemnification, intellectual property rights, third party claims, and confidentiality.
Merger and Integration
You and Lid Vizion agree that this Agreement represent a complete and exclusive statement of understanding between the parties and that this Agreement shall supersede any and all prior or contemporaneous discussion agreements, communications, or negotiations relating to these Terms. Any modification to these terms must be signed in writing by Lid Vizion.
No Agency
You agree that there is no agency, partnership, joint venture, employment or other relationship created as a result of this Agreement. Further, Lid Vizion and you agree that there are no intended third-party beneficiaries to these Terms.
Contact Us
If you have any questions about these Terms, please contact us at (legal at lidvizion.com).
