Last Updated: October 11, 2023
The most current version of this Agreement can be viewed by clicking on the “USER AGREEMENT” hypertext link located at the bottom of our Web pages. By using the Services after a new version of this Agreement has been posted, you agree to the terms of such new version.
1. Service License
a. Right to Use. Subject to your compliance with this Agreement, and your payment of any applicable fees, we grant you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable license to access and make educational use of the Services. This license does not include any resale or unauthorized commercial use of any Service, or its contents; any derivative use of any Service or its contents; or any downloading, copying, or other use of account information for the benefit of any third party. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Visible Body terminate if you do not comply with this Agreement. All rights not expressly granted to you in this Agreement are reserved and retained by Visible Body or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Visible Body.
b. Service Plan. Each user of the Services, except for users of free content on the Visible Body’s website, must be allocated an individual per-user based subscription, trial, or other Visible Body granted benefit that permits access to the Services (each, a “Service Plan”). By submitting your payment details and/or registering for using a Service Plan, you agree to the Service Plan Terms, which is expressly incorporated herein by reference and may be modified by Visible Body from time to time.
c. Manner of Use. You may not:
(i) provide inaccurate information to Visible Body to gain access to the Services;
(ii) permit anyone else to access or use the Services by logging in with your credentials or on your device;
(iii) remove or alter our copyright notices or other means of identification or disclaimers as they appear in the Service or its Content;
(iv) copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter the Services including, but not limited to, translating or creating derivative works, under any circumstances;
(v) use the Services, or the contents thereof, for any illegal or unauthorized commercial purpose;
(vi) collect and/or use any product listings, descriptions, or prices, or partake in any derivative use of the Services, or the contents thereof, for independent use;
(vii) frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Visible Body or its suppliers;
(viii) use any meta tags or any other “hidden text” utilizing Visible Body or its suppliers’ names or trademarks;
(ix) systematically make printed or electronic copies of multiple portions of the Services or any information provided in or through the Services for any purpose, except as otherwise expressly permitted by us;
(x) use the Services in a manner that impacts the stability of Visible Body’s servers and/or impacts the behavior of other mobile applications, software, applications and/or websites using the Services, such as by using data mining, robots, scraping, or similar data gathering and extraction tools on or within the Services; and/or
(xi) use the Services in any manner or for any purpose that may knowingly violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Visible Body’s sole discretion) to Visible Body, its providers, its suppliers, and end users of the Services.
Violation of any of the above restrictions may result in a termination of your ability to access the Services. Visible Body reserves any and all rights or remedies that may be available in the event of your breach of this Agreement.
3. Software Use
a. We may provide you with proprietary software from Visible Body through or as a part of the Services (collectively, the “Software”). Termination of use of or access to the Services or the termination of this Agreement terminates your right to access to or use any Software.
You may not:
(i) copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter the Software including, but not limited to, translating or creating derivative works, under any circumstances;
(ii) separate the Software into its component parts for independent use;
(iii) remove any proprietary notices and/or labels on or in the Software;
(iv) use the Software to develop any like software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology;
(v) use the Software for any illegal or unauthorized commercial purpose; and/or
(vi) use, download and/or install the Software on public Internet terminals, shared devices, and/or public computers.
Violation of any of the above restrictions may result in a termination of your ability to access the Software. Visible Body reserves any and all rights or remedies that may be available in the event of your breach of this Agreement.
4. Digital Content Use
a. We may provide you with digital content through or as part of the Services (“Content”) for your personal, non-commercial use, subject to and in accordance with this Agreement.
You may not:
(i) redistribute, repackage, transmit, assign, sell, broadcast, publicly display, rent, share, lend, modify, extract, reveal, adapt, edit, sub-license and/or otherwise transfer or misuse the Content;
(ii) use the Content for synchronization, public performance, promotional use, commercial sale, resale, reproduction and/or distribution;
(iii) infringe the rights of the Content’s copyright owners; and/or
(iv) use the Software or any other means to download and/or save Content on public Internet terminals, shared devices, and/or public computers.
Violation of any of the above restrictions may result in a termination of your ability to access the Content. Visible Body reserves any and all rights or remedies that may be available in the event of your breach this Agreement.
5. Security, Cracking, and Hacking
a. You may not violate or attempt to violate the security of the Services, Software, and/or Content. Accordingly, you may not:
(i) access data or materials not intended for you;
(ii) log into a server or account which you are not authorized to access;
(iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and/or
(iv) attempt to circumvent a technological measure that effectively controls access to a work protected under the Digital Millennium Copyright Act.
(v) share information regarding your Visible Body account, including your credentials and/or other information stored on your Visible Body account with any other third-party; and/or
(vi) activate and sync your Visible Body account across more than the permitted number of devices.
Violations of system or network security may result in civil or criminal liability. Visible Body reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting end users who have participated in such violations.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Services, Software, and/or Content.
6. User’s Content. “User Content” shall mean all data, information, and other content, including all lessons, quizzes, and other electronic data or information, submitted or uploaded by you to the Services. You acknowledge that any User Content, including files you upload to the Services, may reside on the Internet at unlisted URLs, which can be accessed by third parties. If you are an Authorized User and are also either a student or instructor, you expressly acknowledge and agree that User Content may be made available to other student or instructor Authorized Users at your educational institution through the Services.
7. Disclaimer of Warranty and Limitation of Liability
a. We make no representations or warranties as to the Services, the Software, the Content, or any information, including the Content, provided in or through the Services. The Services, the Software, the Content, and the information provided in or through the Services are provided AS IS and AS AVAILABLE without warranty of any kind, either express or implied. We reserve the right to add, delete, change, improve, update or otherwise modify the information provided in or through the Service, the Software, and/or the Content, without notice. We assume no liability or responsibility for any errors or omissions in User Content, the Content, or any information provided in or through the Services. The material accessed in or through the Services, the Software, and the Content does not, and is not meant to, constitute medical advice and should not be relied upon for health care or any other purpose.
b. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or images, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. We are not responsible or liable for the content of any submissions to the Service, including User Content. We reserve the right to delete, move or edit submissions that we, in our sole discretion, deem to be defamatory, obscene or in violation of copyright or other laws or otherwise offensive. In the event of a claim of copyright or other intellectual property infringement or violation of any other right, we reserve the right to share certain account information with governmental organizations or other third parties. If you dispute such claims, we will share with you the contact information of any party claiming any such infringement or violation. In the event of any such dispute, we reserve the right to suspend the display, viewing or sharing of any of User Content until the issue has been resolved.
c. Your use of the Service is at your own risk. You agree to indemnify, defend and hold us and our directors, officers, employees and agents harmless from and against any and all losses, liabilities, costs, expenses (including attorneys’ fees), damages and other claims that may result from your use of the Service or the use of your user account by any other person, including without limitation any claim that any User Content (i) infringes on any third party's rights, including any intellectual property or proprietary rights, (ii) violates any obligation of privacy or confidentiality, (iii) violates any applicable law, statute, ordinance or regulation; or (iv) contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines or viruses.
d. IN NO EVENT WILL VISIBLE BODY, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, USER CONTENT, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FOR NEGLIGENCE OR ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF VISIBLE BODY HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF OR HARM TO PROGRAMS OR DATA OR YOUR INFORMATION PROCESSING SYSTEM. THE ENTIRE LIABILITY OF VISIBLE BODY TO YOU ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, BY STATUTE OR OTHERWISE) IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE SHALL BE LIMITED TO A REFUND OF FEE PAID IN CONNECTION WITH YOUR USE OF THE SERVICE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE GIVING RISE TO THE CLAIM. The limitations upon damages and claims set forth in this section are intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.
8. Third Party Materials. We may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Visible Body is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Visible Body does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the device are not available in all languages or in all countries. Visible Body makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
10. Intellectual Property Rights. You acknowledge and agree that the Services and Content contains proprietary content, information, text, images, graphics, and other material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not reproduce, distribute, or otherwise use such proprietary content, information or materials in any way whatsoever except as expressly permitted in this Agreement or otherwise with Visible Body’s prior written consent. You acknowledge that you have no right, title or interest in or to the Service, software, or documentation or any part thereof and will not, as a result of this Agreement, obtain any title in or to the Services, Software, Content, or documentation or any part thereof, nor any rights, except the limited rights expressly herein granted.
11. Termination of Access. Visible Body reserves the right to modify, suspend or discontinue the Services (or any part thereof), Software, or any Content (or any part thereof) at any time with or without notice to you. Visible Body shall not be liable to you or any third party should we exercise such right.
12. No Waiver. No waiver by Visible Body of your breach or default under this Agreement shall be deemed to be a waiver of any subsequent breach or default.
13. Severability. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
14. Assignment. You may not assign this Agreement either in whole or in part.
15. Applicable Law and Venue. This Agreement is governed by the laws in effect in the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any action to enforce this Agreement must be brought in the courts of Suffolk County, Massachusetts. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
16. Entire Agreement. This Agreement and, if applicable, your institution’s license agreement, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges any prior understandings, statements, negotiations between the parties, whether oral or otherwise. In the event of a conflict between the terms of this Agreement and the terms of your institution’s license agreement, the terms of your institution’s license agreement shall prevail.
17. Export Jurisdiction. You may not use or otherwise export or re-export a Service or any underlying software except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service and underlying software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service or any underlying software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
18. Commercial Item. Each Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
19. Modifications. We may modify this Agreement at any time with or without individual notice to you by posting a revised version on our website, through the “USER AGREEMENT” hypertext link located at the bottom of our Web pages. Any modifications will be effective upon your continued use of the Services.