This TERMS AND CONDITIONS page is where you will find the "TAC" of using Web Vision Makers services and the TAC of being a Web Vision Makers client/customer/member. Any failure to uphold the TAC provided here by Web Vision Makers can result in a membership termination and site closure that Web Vision Makers has provided for you. You agree to these TAC if you purchase a benefits plan.
Please read these TAC as this is part of your "Agreement" to obtain services provided by Web Vision Makers. Updates to TAC will be posted.
Welcome to Web Vision Makers. By using Web Vision makers, and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, also known as the TAC or TOS including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you will not be eligible to use Web Vision Makers and the services offered. Web Vision Makers may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to Web Vision Makers, and all text, images, photographs, user interface, "look" and "feel", data and other content included at WebVisionMakers.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service." NOTE: The TAC and pages found at www.webvisionmakers.com will occationally refer to www.webvisionmakers.com as "Vision Makers" or "The Vision Makers" along with "Web Vision Makers". All these titles all refer to www.webvisionmakers.com, they are one in the same.
You acknowledge and agree that Web Vision Makers shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Vision Makers may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Vision Makers, its users and the public.
TERMS And CONDITIONS
Last Update: 01/2009
Services: Vision Makers will create your site with client provided content such as pictures and graphics, audio and video, animations and HTML codes. Vision Makers will also host and maintain your site for a monthly maintenance fee. This fee includes all service listed in the package options. Found Here
Once Approved: You may select the package that best fits your needs. All packages are subject to the following:
Set up fees are due upon registration and before any work begins.
The monthly maintenance fee is due upon first completion of your site and as noted on your account page due date.
All packages include unlimited changes during site set up and registration periods. After site set up and creation period you are entitled to the amount of changes stated in your package. Each change is counted as one change, (i.e. link changes, picture or graphic changes, text change, etc.) as described in the package detail pages. Also see FAQ for more details on "changes".
Billing and Refunds: Set up fees are NOT refundable at any time. Monthly maintenance fees are due upon completion of site set up and then on the same day every month thereafter for as long as you have your site. If upon completion of site up 2 week set up period you are not satisfied with your site, simply cancel and owe nothing more. You may upgrade or cancel your account at any time. You may make payments online or by mail and will have the option of receiving paper statements or online statements. Please note that if you choose the paper billing and your statement is mailed to you there will be a processing fee of $5.00 added to your monthly billing. After registering with Vision Makers and set up fee is received you will receive a user ID and password to access our members only area, where you will be able to manage your account and make online payments.
Late Fees and cancellation: Your account will be considered late 5 days after payment is due. If payment is not received by the 5th day your site will be subject to suspension and a reactivation fee of $50.00. If payment is not received within 10 days of due date your site will be closed and unavailable online till all payments are made ie: Past fees and the reactivation fee. Charges will then become due and payable immediately, Vision Makers reserves the right to suspend, close or delete any account at its sole desecration at any time, if the terms and conditions are not met or if US Laws demand it.
Login Member Password and User Name: You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Vision Maker if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, Vision Makers may impose on you, at Vision Makers sole discretion, additional security obligations.
Security Breaches and Revision: If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Vision Maker. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Payment options: You may pay for the Service via PayPal account, credit card, check or money order or other payment method expressly authorized by Web Vision Makers. Please note that if you choose check or money order payment method, creation of your site will not begin until payment has been received and cleared. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. Vision Makers will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before Vision Maker implements any such change in fees.
Site Ownership: The web site that is created by, controled by, registered by, maintained by, edited by, developed by, monitored by, and so forth is "owned" by and the "property" of Web Vision MakersTM and is not transfered to nor subject to or eligible to become involved in a "take over" of such site and its attatched, linked to pages by any persons or companys whos content, information, guidlines, library or the like have been willingly placed, displayed, uploaded to, organized on, crafted, inserted, installed, or formatted to by the approval of and free knowledge of, by a paid active or previously paid inactive member of Web Vision MakersTM.
Site Hosting: Your new web site will be hosted on Homestead.com servers and thus all content supplied to Web Vision Makers will be placed and hosted on said servers accessible by the Web Vision Makers. If for any reason or time that Homestead Technologies needs to perform any type of upgrades, server maintenance, offline routines or anything equivalent your site may or may not be placed offline for these procedures to take place. Normally prior to any such routines you will be informed via email of the time and duration of such offline measures if possible and if necessary to take place. Vision Makers uses Homestead technology and software to perform web site publishing for its customers and are limited and bound to what these technologies and programs can provide.
CONTENT RESPONSIBILITY: All sites created by Web Vision Makers and their Web Masters does not make them responsible for the displayed content in any legal sense in case of legal litigation over such displayed content thus making the content distributors fully responsible for any types of litigation that come forth because of such displayed content. Being Vision MakersTM is said "owners" of said site it creates all sites can be eliminated from being active upon said owners discreation if said owners feel it is deemed necessary because of break in the TAC by such content distributors or by legal and or security reasons that ever come forth to cause such actions by said owners decissions to do so because of the supplied content. All content supplied by members and account holders is "not" property of Vision Makers and we do not claim member content to be "given to us" for ownership but only "transfered to" our posessions for the sole purpose of meeting member needs and requests to have such content displayed on rented ,fee based, space sites that are supplied by Web Vision MakersT to its members.
Site Visitors "Contact Info" All sites powered by the Vision Makers "must" now have at least one (1) "contact email address" made available to all site guests and visitors visible on either the sites "Home Page" or via a link that directs all site viewers to a type of "Contact Page" where such email address is provided for site visitors to "write" the registered site member. The Vision Makers chooses this new TOS addition due to the amount of email messages we receive asking us questions and for information regarding member sites displayed information and/or products in which the Vision Makers can not answer accurately. This frees the Vision Makers from any liability and responsibility of bearing the burden of forwarding messages that need the attention of the Vision Maker members regarding their own personal site(s).
Web Vision Makers ROLE: Our role is site url owner not site content, site information and site material owners that is displayed on our site creations so though we are the "site owners" of all sites we create we are not the created "site contacts" or "site affiliates" nor are we "site partners" or "site share holders" for its content suppliers or their site guests and visitors therefore if any financial gain is made from our participation of the sites that are created for our members none of said financial earnings, gains or losses are property or liable to be shared, given or taxed apon in any way towards Vision Makers. Vision Makers holds the rights to sell or not sell its ownership of such site url's, names, domains, creations to the site or sites content supplier or to the member whos site content was used to create the site under Vision Maker paid services if such a sale of ownership becomes available and desireable between said member and Web Vision MakersTM. Our role is to assist and to create for our members, in hopes that "they" the members and or content suppliers, become engaged in an enjoyable expierience in life with our services and it is not the role or intention of Vision Makers to partake in any part of exploiting or advantage taking towards its valued members or to cause any mental physical or financial uncomforts that we avoid as much as possible and never willingly or knowingly allow such things to exist under the best of our abilitys.
Indemnification: You hereby agree to defend, indemnify and hold harmless Web Vision Makers and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF Web Vision Makers OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Web Vision Makers' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Web Vision Makers FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
IMPORTANT FINAL DISCLAIMER: Keep in mind that Web Vision MakersTM and the Vision Maker Web Master assigned to your site is not your "content creator" nor is responsible for your sites targeted traffic count, sales, complaints, losses, marketing, search engine rankings or popularity. Web Vision Makers does not guarantee you that the site we created with you will give you any fame or fortune and our offered services does not guarantee or claim to be a wealth making service. By signing up with Web Vision MakersTM you take all risks and responsibility's generated from being on the World Wide Web. You accept all liable and legal responsibility as well as all consequences that come forth in response to your displayed content that you choose to have placed on your site. You also take full responsibility for any allegations of copyrighted material infringements that you request be posted on your site. Web Vision MakersTM upholds the law and if it is felt or determined that any content placed on your site is breaking any federal laws or the TAC set forth by the Web Vision MakersTM such content will be removed with out your consent.
