VisualShows Terms of Service
VisualShows (hereinafter referred to as "Company") created this privacy policy ("Privacy Policy")
to explain how we use personal information, as defined below, and to give you assurance of our
commitment to fair information practices and to the protection of your privacy as you visit and use the
VisualShows website (the "Website").
We understand that you value your privacy and the right to control how your personal information is
collected and used. Our data collection and retention practices are designed to provide transparency,
accountability and choice regarding the management and use of your personal information.
We also provide you with contact information should you wish to remove your personal information
from our databases.
The Website is intended for users who are located in the United States of America and the Privacy Policy
shall be interpreted under the laws of the United States. By registering on the Website, you explicitly
accept, without limitation or qualification, the collection, use, and transfer of your information in the
manner described in this Privacy Policy. Please Privacy Policy carefully as it affects your rights and
liabilities under the law.
If you do not agree to our practices and/or our terms of use, please do not interact in any manner
whatsoever with or provide any personally identifiable information on the Website. Please contact us if
you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us
via postal mail at the following address:
VisualShows
1176 E. Warner Rd. Suite 109
Gilbert, AZ 85297
THIS WEBSITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF EIGHTEEN (18) OR PERSONS
RESIDING OUTSIDE OF THE UNITED STATES. BY USING THE WEBSITE, YOU EXPRSSLY REPRESENT AND
WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS PRIVACY POLICY.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST
IMMEDIATELY LEAVE THE WEBSITE.
1. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.
Member may not use the Service in any way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or international law or regulation. Any use of Prohibited
content as defined herein is at VisualShows sole discretion for termination of service and/or
subscription. Prohibited Content as defined is not eligible for any pro-rata refunds of unexpired or
unused subscription time. Prohibited Content may include, without limitation: Material that suggest or
depict, obscene, vulgar, indecent, lewd or suggestive behavior. Materials that suggest or encourage the
commission of a crime or provoke violence or degrades any person/group based on religion, sex, color,
age, marital status, sexual orientation, disability or political affiliation.
2. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium
Copyright Act, VisualShows designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
3. Member Obligations of Service
Member must provide (1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Members access to the Internet, and (3) pay any fees relate
with such connection.
4. Disclaimer of Warranties.
The site is provided by VisualShows on an 'as is' and on an 'as available' basis. To the fullest
extent permitted by applicable law, VisualShows makes no representations or warranties of any
kind, express or implied, regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. VisualShows shall have no liability for any interruptions in the
use of this Website. VisualShows disclaims all warranties with regard to the information
provided, including the implied warranties of merchant ability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the
above-referenced exclusion is inapplicable.
5. Information We Collect.
Company collects information about you by and through your access
to and use of this Website and through your use of our lead services (the "Services"). The
information that we collect during inquiry, registration and website page visits, includes
personally identifiable information ("PII"). PII is unique data of an individual used for
identification and communication purposes. Any use of our Services is entirely voluntary and
you are not required to provide PII unless you choose to use our service. However, you will not
be able to access or use our service where PII is required. PII that may be collected includes
information such as your first name, last name, date of birth, telephone number, credit and/or
debit card number and expiration date(s), mailing and home address, zip code, or email address
(collectively referred to herein as "PII").
We may also collect certain non-personally identifiable information ("NPII") about you when you
visit many of the pages of this Website. NPII is data used in the aggregate to analyze trends,
administer the Website, track movement and understand visitor behavior generally. The
information collected by virtue of your access to and use of this Website may be collected
irrespective of whether you submit information to register for our services. This NPII includes,
without limitation, the type of browser that you use, your Internet Protocol ("IP") address, the
type of operating system that you use and/or the domain name of your Internet service
provider. An IP address Internet. We may share NPII with third parties, in our discretion.
6. How Your Personally Identifiable Information is Used and Shared
We ask you for PII when you inquire about and/or register for our Services. We value your
privacy and have taken the necessary precautions to be in compliance with relevant legislation,
including, without limitation, the California Online Privacy Protection Act.
Broadly speaking, the information collected by and through your access to and use of this
Website will be used to fulfill your request and for solicitation purposes with respect to third
party products, services, offers or promotions. Such collected information may also be used for
other purposes for which you have given your consent, to prevent fraud, or as may otherwise be
permitted by applicable law. To those ends, you expressly authorize Company to share such
collected information as set forth herein.
We use the PII collected from you to facilitate your inquiry regarding and/or request for the
purchase, acquisition and use of third party prospect data obtained via quote request forms,
telephone calls, text messages and/or telephone call transfers ("Lead" or "Leads") including, without
limitation, mortgage Leads and consumer real estate leads. Company may share your PII with third
parties
who help us in the delivery the services you have requested and to companies/individuals we
employ to perform technical functions on our behalf. These companies and individuals may not
share that information with any other third party or use that data for any other purpose. We
may also use your PII to resolve disputes, troubleshoot technical problems, enforce our
agreements with you and to enable Company and/or third parties to personalize your Internet
experience
By entering any of your personal contact information into any webpage created and or managed
by VisualShows you hereby authorize VisualShows to release the information you
provided to VisualShows members and or advertisers of VisualShows who are
associated with the page where you provided the information. The members and or advertisers
may include but are not limited to, Realtors, Mortgage Lenders, Title or Escrow Representatives,
Insurance Agents, Home Warranty providers. The member and or advertiser may contact you
regarding their services in relation to the page you entered your information on. You hereby
authorize and give permission for a member or advertiser to contact you using the information
you provided in the form of telephone calls, text messages or emails. For purposes of identification,
marketing, billing and tracking, you must provide
accurate, complete and current information when registering for or using any of the services
provided by VisualShows. You also hereby certify you are not a minor.
7. MLS Auto Detect.
You understand that all auto imported listings made available to
VisualShows through your subscribed MLS, messages, verbiage, images, photos, video,
sounds, blog entries or other materials posted on, transmitted through, or linked from
VisualShows Service, are the sole responsibility of the person from whom such content
("Content") originated. Specifically, you are entirely responsible for all Content that you post,
email or otherwise make available via VisualShows. You agree to not use
VisualShows Service to: upload or otherwise transmit any Content that is knowingly
inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise
objectionable harm minors in any way; impersonate any person or entity. You understand that
VisualShows does not control, and is not responsible for Content made available through
VisualShows Service, and that by using VisualShows Service, you may be exposed
to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You
acknowledge that VisualShows does not pre-screen or approve Content, but that
VisualShows shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via VisualShows Service, for violating the
Terms or for any other reason. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, that you may not rely on said Content, and that under no
circumstances will VisualShows be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of any Content generated from any MLS
system and posted from your account, emailed or otherwise made available via
VisualShows.
We may disclose any/all information if legally required to do so, or at our discretion pursuant to
a request from a governmental entity, or if we believe in good faith that such action is necessary
to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or
property or our affiliated companies; (c) prevent a crime or protect national security; or (d)
protect the personal safety of users or the public.
We may also disclose and transfer any/all information to a third party who acquires any or all of
our business, whether such acquisition is by way of merger, consolidation or purchase of all or a
substantial portion of our assets. In addition, in the event we become the subject of an
insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator,
receiver or administrative receiver may sell, license or otherwise dispose of such information in
a transaction approved by the court. In each of these situations, the recipients of your data may
potentially be located in any country in the world.
8. Targeted Advertising
Company may target advertising to you using direct mail, text messages or email and/or telemarketing
calls.
Company may match your PII to make and improve profiles of you, to track your online
browsing habits over time and across different websites on the Internet, to show you targeted
advertising for products and/or services and/or to determine which areas of the Internet are
most frequently visited.
By visiting and/or supplying your PII during the inquiry and/or enrollment process, you also
agree to allow us to provide aggregated anonymous data about you to third parties so that they
can understand the kinds of visitors to the Website and in order to offer you products and
services. This includes demographic information and behavioral information.
YOU MAY OPT-OUT OF RECEIVING ANY COMMUNICATIONS FROM US BY CHOOSING NOT TO
SUBMIT YOUR PERSONAL INFORMATION. IF YOU REMOVE YOUR INFORMATION FROM OUR
DATABASE IT WILL NO LONGER BE USED FOR SECONDARY PURPOSES OR TO SEND
PROMOTIONAL COUMMUNICATIONS.
8. Limitation of Liability
VisualShows SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR VISUALSHOWS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF VISUALSHOWS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
9. Email and Telemarketing
By inquiring about and/or registering for our Services and as set forth in the preceding, you
expressly acknowledge that Company may target advertising to you using, without limitation,
email, text and telemarketing calls.
If you provide your express consent to receive telemarketing calls, Company may use your PII
(including any information which may reasonably be derived therefrom) to advertise, directly or
indirectly, using the telephone number provided, including your mobile telephone number, in
order to facilitate your request for the purchase, acquisition and use of Leads and/or regarding
other products and/or services which you may be interested in (notwithstanding that your
number(s) may be listed on a corporate, state, or federal Do-Not-Contact registry, suppression
list, or the like).
By inquiring about and/or registering on our Website and using our Services, you agree that
such registration and request constitutes a purchase, an inquiry and/or an application for
purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR").
Notwithstanding that your telephone number may be listed on the Federal Trade Commission's
Do-Not-Call List, you have authorized us to contact you via telemarketing in accordance with the
ATSR. Should you expressly authorize telephone solicitation, please note that, depending upon
your individual carrier and plan; message and data rates may apply to any/all telemarketing
campaigns. For any/all telemarketing campaigns, you expressly agree that you are solely
responsible for and authorized to incur any such charges, that you are eighteen (18) years of age
or older and that you are authorized to use the mobile device. Your wireless carrier and other
service providers may also collect data about your wireless device usage, and their practices are
governed by their own policies.
10. Cookies, Web Beacons and Online Behavioral Technologies
The Website, Services and email messages may contain first-party (Company-related) cookies,
web beacons, pixel tags, browser analysis tools and web server logs that enable Company to
track your online behavior, collect information regarding your operating system and browser
type, record what webpage or email you viewed, track the IP address of the device you use to
interact with the applicable online service, record when you open or click on a particular online
advertisement link or webpage, and additionally for other information gathering purposes such
as the language your system uses and the country and time zone of your device.
A cookie is a small file uniquely assigned to you by a webpage server when you visit a webpage
or click on a link and can assist in associating your information to a unique profile. Cookies are
stored in web server logs and also in web cookies kept on your computer, which are then
transmitted back to us. They store information about your account, preferences, your use of the
Website and Services, and your online browsing habits. They allow us to recognize you when
you return, and track and target your interests in order to provide a customized experience.
They also assist with the provision of a customized browsing experience and with the detection
of certain kinds of fraud.
Some cookies are temporary, whereas others may be configured to last longer. "Session"
cookies are temporary cookies used for various reasons, such as to manage page views. Your
browser usually erases session cookies once you exit your browser. "Persistent" cookies are
more permanent cookies that are stored on your computer even beyond when you exit your
browser. Your browser preferences can be modified to accept or reject all cookies, or request a
notification when a cookie is set.
As set forth herein, Company collect many different types of information from cookies and other
technologies, including, without limitation, what website you were visiting before you came to
the Website, the website you visit after you leave the Website, and other activities or yours over
time and across third-party websites and online services.
11. Managing Your Privacy
We believe that you benefit from a more personalized experience when we know more about
you and what you like. However, you can limit the information you provide to us and thereby
limit the communications that we send to you.
To prevent first party online tracking from cookies, web beacons and other technologies on a
webpage or within an email message, do not visit the Website or use the Services, utilize a
changing IP address and do not click on or interact with any advertisements or links.
To prevent online tracking from cookies, web beacons and other technologies within an email
message, unsubscribe from the email list using the unsubscribe link provided.
12. Security of Your Personally Identifiable Information
To prevent unauthorized access, maintain data accuracy and ensure the correct use of
information we gather online, Company stores your PII in a database on secure systems. We
have put in place appropriate physical, electronic and managerial security procedures to protect
against the loss, misuse and alteration of the information under our control.
Access to this information is strictly limited, and not accessible to the public. Only employees
who need the information to perform a specific job are granted access to PII. Our employees are
dedicated to ensuring the security and privacy of all user information, to the extent reasonably
possible. Employees who do not adhere to our firm policies are subject to disciplinary action.
But notwithstanding such measures, Company cannot guarantee that its security measures will
prevent Company computers from being illegally accessed, and the data on them stolen or
altered, and Company assumes no responsibility for such actions. You may request that your
information be modified or deleted as detailed below.
In compliance with applicable federal and state laws, we shall notify you and any applicable
regulatory agencies in the event that we learn of an information security breach with respect to
your PII.
13. No Information Collected From Children
We will never knowingly collect any PII about children under the age of eighteen (18) years old.
If we obtain actual knowledge that we have collected PII about a child under the age of eighteen
(18) years old, that information will be immediately deleted from our database. Because we do
not collect such information, we have no such information to use or to disclose to third-parties.
Company has designed this policy in order to comply with the Children's Privacy Protection Act
("COPPA").
14. Links to Other Websites and Third-Party Privacy Practices
Our website may include links to other sites on the Internet that are owned and operated by online
merchants and other third parties. You acknowledge that we are not responsible for the availability of,
or the content located on or through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites is subject to the terms of use and privacy
policies of each site, and we are not responsible therein. We encourage all Members to review said
privacy policies of third-parties sites.
Company may provide links to other websites for your convenience and information, and encourages
third parties to adopt and post privacy policies that govern the use of your PII. Such third party use is not
subject to our control and we are not responsible for the content of linked websites, or any use of such
websites. Whether linked or not, you expressly acknowledge that third party websites have their own
privacy statements and personal information collection, use, and disclosure practices. We encourage
you to familiarize yourself with the privacy statements provided by any/all third party websites prior to
providing them with information or taking advantage of an offer or promotion.
15. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected
from publicly available sources. While VisualShows makes every effort to ensure that the
information on this website is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website. VisualShows makes no
warranties or representations whatsoever with regard to any product provided or offered by any
Vendor, and you acknowledge that any reliance on representations and warranties provided by any
Vendor shall be at your own risk.
VisualShows makes no warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
16. Special Notification for California Residents
As a business subject to California Civil Code div 1798.83, Company must disclose, upon request,
the identity of third parties to whom Company has disclosed your PII within the previous
calendar year, along with the categories of personal information disclosed, for the third parties"
direct marketing purposes. If you are a California resident and would like to make such a
request, you may communicate your desire to do by contacting Company directly.
17. Changes to This Privacy Policy
Company reserves the right to change or remove portions of our Privacy Policy at any time
without prior notification. Information will be used in accordance with the privacy policy under
which the information was collected. Users will have a choice as to whether or not we use their
information in this different manner. Please check the Website frequently to apprise yourself of
any changes that may affect you. The posting of any changes will be the only notice that you will
receive regarding any such amendments or changes.
18. Modifications and Interruption to Service
VisualShows reserves the right to modify or discontinue the Service with or without notice to the
Member. VisualShows shall not be liable to Member or any third party should
VisualShows exercise its right to modify or discontinue the Service. Member acknowledges and
accepts that VisualShows does not guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with or adversely affected by numerous factors
or circumstances outside of our control.
19. Indemnification
Member agrees to indemnify and hold VisualShows, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable attorneys fees and costs,
made by any third party due to or arising out of Members use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using Members computer, of any
intellectual property or any other right of any person or entity.
20. Governing Jurisdiction of the Courts Arizona
Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the
State of Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law
rules. We make no representation that our website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the
internal laws of the State of Arizona. Any activity on our network with violates any state or Federal Laws
is in violation of our policy and will result in immediate termination of service. Any termination as
defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time. You may
not use VisualShows website to: Create or transmit obscene materials, intentionally spread
computer viruses, access or attempt to access information not intended for your use or viewing, gain or
attempt to gain unauthorized access to any network, including VisualShows internal structure,
transmit stolen or pirated software. You understand and agree that any attempt to break security, or to
access any account which does not belong to you, shall be a breach of this agreement, and may result in
suspension or termination of the service with no refund of any unused portion of your paid subscription.
You also agree to notify VisualShows of any breach or attempted breach of security to your
account. You also understand and agree VisualShows membership is for your sole personal use
and shall not be used by more than one individual person. In addition, any person within the Real Estate
industry must have his/her own subscription even if the listing is the property of Broker/Owner of the
Real Estate Agency for which the Realtor performs services