Terms and Conditions

The Visual Element, LLC

Terms and Conditions of Use

This Terms of Use Agreement is a legal agreement between The Visual Element, LLC and you, governing your use of The Visual Element, LLC website.  By using or accessing The Visual Element, LLC website or downloading materials from our website, you agree to be legally bound by this Agreement.  

Supplemental terms and conditions posted on The Visual Element, LLC site from time to time are hereby expressly incorporated herein by reference.  We reserve the right to make changes or modification to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. 

Authorized Use:

While using The Visual Element, LLC website you are required to comply with all applicable statutes, orders regulations, rules and other laws.  You may not use The Visual Element, LLC website for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Website or any other user’s use of a Website.  In addition, we expect users of The Visual Element, LLC website to respect the rights and dignity of others.  The following list (as examples but not exclusive) would be a violation of the Terms and Conditions of Use: posting, uploading, sharing, transmitting, distributing, reproducing, duplicating or copying any portions of The Visual Element, LLC website, attempting to sell or impersonate The Visual Element, LLC website, violating the security, spyware, or viruses to The Visual Element, LLC website or using any data mining, bots, spiders or assisting in violating this Terms and Conditions of Use Agreement. 

Intellectual Property Rights:

Unless otherwise indicated, The Visual Element, LLC website is proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by The Visual Element, LLC or licensed to The Visual Element, LLC.  The use of any content available on The Visual Element, LLC website is strictly prohibited.  

The Content and the Marks are provided on The Visual Element, LLC website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without The Visual Element, LLC express prior written permission.

User Representations: 

By using the Site, you represent and warrant that:  all registration information you submit will be true, accurate, current, and complete;you will maintain the accuracy of such information and promptly update this information as necessary; you have the legal capacity and you agree to comply with these Terms and Conditions; you are not under the age of 18; you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; you will not use the Site for any illegal or unauthorized purpose; your use of the Site will not violate any applicable law or regulation.  If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

Secure User Accounts:

Portions of The Visual Element, LLC are accessible only to users who have been granted access and given login credentials.  If you are a secure user, you agree to accurately maintain and update any information about yourself and your account that you have provided to The Visual Element, LLC.  You further agree to maintain the confidentiality of your login credentials and agree not to share these login credentials. You also agree to notify us immediately of any unauthorized use of your login credentials or any other breath of security that you become aware of involving or relating to The Visual Element, LLC website.  The Visual Element, LLC reserves the right to take any and all actions deemed necessary to maintain the security of The Visual Element, LLC website and your account, including without limitations, terminating the account, changing the password or requesting information to authorize transactions on your account. 

Third-Party Content: 

The Visual Element, LLC website may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).  Such Third-Party Websites and Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by The Visual Element, LLC.  The Visual Element, LLC is not responsible for any Third-Party Websites accessed through The Visual Element, LLC website or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by The Visual Element. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and The Visual Element, LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that The Visual Element, LLC does not endorse the products or services offered on Third-Party Websites and you shall hold The Visual Element, LLC harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold The Visual Element, LLC harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

Site Management:

The Visual Element, LLC reserves the right, but not the obligation, to monitor The Visual Element, LLC website for violations of these Terms and Conditions; take appropriate legal action against anyone who, in The Visual Element, LLC’s sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; in The Visual Element, LLC’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; in The Visual Element, LLC’s sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; otherwise manage the Site in a manner designed to protect The Visual Element, LLC website rights and property and to facilitate the proper functioning of the Site.

Privacy Policy: 

 The Visual Element, LLC cares about data privacy and security. Please review our Privacy Policy posted on the website. By using The Visual Element, LLC website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the state of Iowa in the United States. 

Termination:

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, The Visual Element, LLC RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If The Visual Element, LLC terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, The Visual Element, LLC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Disclaimer of Warranty:

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, The Visual Element, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Visual Element, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND The Visual Element, LLC WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE VISUAL ELEMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND The Visual Element, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability:

IN NO EVENT WILL The Visual Element, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF THE VISUAL ELEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity:

You agree to indemnify and hold harmless The Visual Element, LLC against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from your breach of any provision of this Agreement, your activities in connection with The Visual Element, LLC website, or unsolicited information you provide to The Visual Element, LLC through the website. 

Modifications and Interruptions: 

The Visual Element, LLC reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, The Visual Element, LLC has no obligation to update any information on our Site. The Visual Element, LLC also reserves the right to modify or discontinue all or part of the Site without notice at any time.  The Visual Element, LLC will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  The Visual Element, LLC cannot guarantee the Site will be available at all times. The Visual Element, LLC may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. The Visual Element, LLC reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that The Visual Element, LLC has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.  Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Choice of Law:

You agree that any dispute in connection with The Visual Element, LLC website, this Agreement, or the Privacy Policy will be governed by the laws of the State of Iowa and the United States of America.  You also consent to the adjudication of any disputes arising in connection with The Visual Element, LLC website in the state and federal courts located in the State of Iowa. 

User Data:

 The Visual Element, LLC will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although The Visual Element, LLC performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures: 

Visiting The Visual Element, LLC website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

Miscellaneous:

These Terms and Conditions and any policies or operating rules posted by us on The Visual Element, LLC website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. The Visual Element, LLC may assign any or all of our rights and obligations to others at any time. The Visual Element, LLC shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Contact: 

The Visual Element, LLC

215 Main Street, Elgin Iowa 52141

Phone: 563-380-1126  Email: amanda@thevisualelement.org