ViewClix Terms & Conditions of Service

Updated April 6, 2024

ViewClix, LLC ("ViewClix," "our," "us" or "we") offers products ("Products"), such as digital display frames, and online services, such as media sharing and video calling (collectively referred to as "Service(s)". To enable the Services, ViewClix also operates the websites located at the domains viewclix.com and portal.viewclix.com (collectively referred to as the "Sites") and offers mobile applications via the Apple App Store and Google Play Store (the "App(s)"). The access to and use of the Products, Services, Sites, and Apps (and any other feature content, product, service or application that is offered by ViewClix) is subject to the following terms and conditions (as may be modified by us from time to time, the "Terms of Service"), as well as all applicable laws, rules and regulations. The terms "you" or "user" (the "User") refer to all individuals and entities that access and/or use the Services. Please read these Terms of Service carefully. If you have any questions about the Terms of Service, please contact us at support@viewclix.com.

ACCEPTANCE OF TERMS

By registering with ViewClix and/or using the Products, Services, Sites and/or Apps, you agree to the Terms of Service as well as any other terms, guidelines or rules that apply to any portion of the Sites, without limitation or qualification. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MUST EXIT THE SITES IMMEDIATELY AND DISCONTINUE ANY USE OF VIEWCLIX SERVICES OR PRODUCTS OBTAINABLE OR ACCESSIBLE THROUGH THE SITES AND/OR APPS. The Terms of Service may be modified, changed or altered by us at any time without prior notice. In agreeing to the Terms of Service, you are responsible for periodically checking for changes and/or updates to these Terms of Service. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Sites and within the Apps. Your continued use of the Products, Services, and/or Apps or access to the Sites after such changes are made conclusively demonstrates your acceptance of such changes.

PRIVACY

We have adopted a Privacy Policy (the "Privacy Policy") that you should refer to in order to fully understand how we protect users' privacy and collect and use your information. Link: https://viewclix.com/privacy

ELECTRONIC COMMUNICATIONS

When you visit the Sites, use the Apps or send us e-mail, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites or within the Apps. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

CONTENT

With the exception of User Generated Content ("UGC"), all other types of information, materials, and content contained on the Sites or within the Products and Apps, including, but not limited to text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, and written and other and other material (collectively "ViewClix Content") is owned or licensed property of ViewClix and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, compilation, and assembly of all ViewClix Content is the exclusive property of ViewClix and protected by U.S. and international copyright laws. ViewClix and its licensors expressly reserve all intellectual property rights in all Site Content. Any unauthorized use of ViewClix Content is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All trademarks, service marks, and trade names (collectively the "Marks") that appear on the Sites and/or within the Products and Apps are proprietary to ViewClix, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of ViewClix, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Sites, Products and/or Apps.

USER GENERATED CONTENT

The User Generated Content ("UGC") is all types of information and materials as defined above, however, uploaded or generated on the Site or Apps as Content by a User. You represent that your UGC: (i) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) will not violate any law, statute, ordinance or regulation; (iii) will not be obscene or contain child pornography; (iv) will not contain any viruses, worms, time bombs, or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; (v) will not violate any third party's rights of publicity or privacy; and (vi) will not be defamatory, unlawfully threatening, or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your UGC.

PROHIBITION OF VIDEO MONITORING OR VIDEO SURVEILANCE

ViewClix provides its video calling service for famililes and friends to keep in touch with seniors and other persons using the ViewClix frame.

Use of the ViewClix video calling service to continuously monitor a ViewClix frame's camera or for any other type of video surveillance is expressly prohibited.

Use of ViewClix video calling for more than 2 hours within a 48 hour period may be considered by ViewClix as video monitoring or surveillance and at ViewClix's discretion, the video calling service for the ViewClix frame may be suspended or terminated.

NO EMERGENCY SERVICE

ViewClix video calling and the ViewClix Call-Me feature do not provide any emergency service. ViewClix video calling and the ViewClix Call-Me feature must not be used as a substitute for traditional 911 wireline or mobile wireless emergency serices. You must have alternative communications services available to place emergency calls.

LIMITED LICENSE AND ACCESS

We grant you a limited license to use the Services, Sites and Apps for non-commercial, personal use only and only to the extent such use does not violate the Terms of Service and the Privacy Policy.

Commercial use of the Services, Sites or Apps, including access to the Sites' members area and cloud access to the Services by ViewClix frames, requires a ViewClix commercial license. Commercial Use without the requisite commercial license grant is strictly prohibited. Commercial use is any use that is marketed, promoted, or sold, individually or as part of an offering to customers, that incorporates a financial transaction. Organizations who intend to use ViewClix products and services for Commercial Use must contact ViewClix enterprise support (biz@viewclix.com) for information regarding commercial licensing. Should ViewClix become aware of any Commercial Use, ViewClix reserves the right to close user accounts and disconnect ViewClix products from the ViewClix web site.

You may not use the Services, Sites and/or Apps for any purpose that is unlawful or prohibited by the Terms of Service, or to solicit the performance of any illegal activity or other activity that infringes the rights of ViewClix or others. Notwithstanding any other rights or restrictions in the Terms of Service, you may not: (a) introduce to the Services and/or Sites any computer or web site viruses, worms, Trojan horses, and/or malicious code; (b) through the Services and/or Sites obtain unauthorized access to any computer system; (c) tamper with or obtain unauthorized access to the Services and/or Sites or any component thereof; (d) use the Services and/or Sites to conduct fraudulent activities; (e) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the contents of the Sites and/or Apps not intended to be so read - this includes using or directly viewing the underlying HTML or other code from the Sites and/or Apps except as interpreted and displayed in a web browser; (f) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Sites and/or Apps (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise; or (g) use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the contents of the Sites or to collect any information from the Sites or any other user of the Sites.

The Services, Sites and Apps are intended for use by individuals 13 years of age or older. If you are under 18, you may use the Sevices only with involvement of a parent or guardian. By accessing and using the Sites or Apps, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are 18 years of age or older; and (c) your use of the Sites and Apps does not violate any applicable law or regulation. If you are a parent or legal guardian, you must monitor and supervise the use of the Services, Sites and Apps by children, minors, and others under your care. You agree to be responsible for their use of the Services, Sites and Apps Site.

ACCOUNTS, ACTIVATIONS, AND PASSWORDS

To access the features of the Services and Sites, you must create and activate a ViewClix "Account". When you activate an Account, you may be required to provide ViewClix with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to ViewClix is accurate.

When you activate a ViewClix Account, you will be asked to provide a "Password". You are solely responsible for maintaining the confidentiality of your Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Services, Sites or Apps using such Password. You agree to accept responsibility for all activities that occur under your Account. If you have reason to believe that your Account is no longer secure, you must immediately change your Account password and notify ViewClix at support@viewclix.com.

You acknowledge and agree that ViewClix, in its sole discretion, may suspend or discontinue your Account, and refuse any and all current and future, access to or use any portion of the Services, Sites and Apps at any time without notice to you. ViewClix cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on the Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to the Services.

ORDERS, MEMBERSHIP SUBSCRIPTIONS, AND PAYMENTS

The Sites provide you with the ability to submit product orders ("Order(s)") and initiate subscriptions with periodic dues payments for membership ("Subscription(s)"). Please refer to the MEMBERSHIP sections below for details on membership levels, cancellation, etc. Additionally, ViewClix products may be ordered from other web sites from other retail sellers and those orders will be suject to the terms of sale offered by the other retail sellers.

For Orders and Subscription placed on the ViewClix Sites or when using the Apps, you may be asked to supply certain information relevant to your Order(s) and/or Subscription(s) including, without limitation, your credit card or debit card number and expiration date, your billing and shipping addresses, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Orders and/or Subscriptions initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any order or membership subscription. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession, use, and sale of any item purchased from the Sites and/or using Apps.

You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders and/or Subscriptions placed through the Sites and/or Apps, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order. Additionally, ViewClix may elect to change Subscription price(s) however at any time, you may elect to cancel your Subscription(s) and the associated ViewClix Membership.

You are solely responsible for your account, payment information, and any other content you submit on or through the Sites in connection with your Order (collectively, the "Customer Content"). We have the right but not the obligation to decline all or any portion of any Customer Content for any reason or no reason.

All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Sites are subject to change at any time without notice. The current inclusion of any products on the Sites at a particular time does not guarantee that such products will be available. The Sites may be incomplete and may contain errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any Orders based on information on the Sites that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding pricing, shipping, payment terms, or return policies.

DELIVERY

We will endeavor to ship your Order and/or process your Subscription as quickly as possible, however, all Orders and Subscriptions are subject to availability. ViewClix is not responsible for any lost, stolen, or damaged shipments. Occasionally we may sell out of items featured on the Sites. If we are unable to complete your Order, you will be notified via email and will not be charged for an Order that cannot be fulfilled. We reserve the right to decline your Order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock.

SHIPPING POLICY

Orders placed on the Sites are shipped from our facility in Tigard, Oregon, United States. For details, please refer to our shipping policy: https://viewclix.com/shipping-policy

RISK OF LOSS

All products purchased from the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

MEMBERSHIP

On December 14, 2022, ViewClix began offering subscription memberships. There is one membership level for each ViewClix frame. That membership covers all users of a particular ViewClix frame.

Membership Levels

Premier membership:  This full membership level is upgrade from the previous ViewClix offering with many additional ViewClix features as well as enhanced warranty protection. The list of Premier features is listed on this web page: https://viewclix.com/premier ViewClix frames purchased after February 12, 2023 are automatically enrolled for Premier membership as part of the frame order process. Premier membership requires a subscription that renews monthly.

Basic membership:  For ViewClix frames purchased after February 12, 2023, if a frame's Premier membership is cancelled, the frame is deemed to have Basic membership. Basic membership includes Photo Sharing, and Sticky Notes only. Basic membership does not include enhanced warranty protection, Video Calling or other Premier membership features.

Legacy membership:  Frames purchased before February 13, 2023 that have not been upgraded to Premier membership are deemed to have Legacy membership. Legacy membership includes Photo Sharing, Sticky Notes, and 1-to-1 Video Calling only. Per the section, "Membership Non-transferrability", if a ViewClix frame is transferred, a frame's Legacy membership will be changed to Basic membership.

Video calling

ViewClix reserves the right to limit monthly calling minutes and monthly total number of calls that are included with each membership. Monthly video calling limits effective June 1, 2023:

Trial Periods

Premier membership is offered with a free trial period. For frames purchased after February 12, 2023, the trial period is 35 days. For frames with Legacy membership, the trial period is 15 days. The Premier membership will begin automatically after the free trial period, unless cancelled. Premier membership will automatically renew monthly.

Cancellation

Premier membership may be cancelled at any time. Premier membership dues are non-refundable and upon cancellation, Premier Membership will remain active until the next renewal date and will not be pro-rated. If payment is not received within five (5) business days after renewal date, the Premier Membership may be automatically cancelled. A canceled Premier membership may be restarted once per calendar year at the sole discretion of ViewClix. Upon cancellation, frames purchased before February 13, 2023 that remain the property of the original owner will revert to Legacy membership. Frames purchased on after February 13, 2023 and frames that have been transferred to new owners will revert to Basic membership.

Membership Non-transferrability

A ViewClix Frame may be transferred to another owner either through sale or gift. A change in a frame's primary administrator is also deemed as a frame transfer. However, ViewClix Premier and Legacy Memberships are non-transferrable. The transfer of a frame with a Premier or Legacy membership will result in the frame's membership changing to Basic membership. The new owner will be required to purchase a Premier membership to enable video calling and Premier features.

MONITORING

ViewClix has no obligation to monitor the Sites or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. ViewClix has no obligation to display or post any content. ViewClix, subject to the Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. ViewClix shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on the Sites, regardless of whether provided by ViewClix or any other party.

DIGITAL MILLENNIUM COPYRIGHT ACT

ViewClix expects all users to respect the intellectual property rights of others. ViewClix may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a United States copyright that you own has been posted on the Sites without authorization, you may notify us at support@viewclix.com.

LINKS TO OR FROM OTHER WEBSITES

Please be aware that we are not making, and cannot make, any claim or representation regarding, and we accept no responsibility for, the quality, content, nature, or reliability of web sites accessible from the Sites, or web sites linking to the Sites.

DISCLAIMER

ALL CONTENT CONTAINED ON THE SITES AND APPS, INCLUDING TEXT, IMAGES, GRAPHICS, AND LINKS, AND ALL PRODUCTS, ORDERS, DELIVERABLES, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SITES AND APPS ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIEWCLIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY VIEWCLIX OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, VIEWCLIX DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITES AND/OR APPS IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THE SITES AND/OR APPS.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, and experiences available through THE SITES AND APPS. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIEWCLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THE SITES AND/OR APPS;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES, APPS OR SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITES AND/OR APPS BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THE SITES AND/OR APPS, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIEWCLIX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VIEWCLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SERVICES, SITES AND/OR APPS, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITES AND/OR APPS; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF SERVICE; (B) THE PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SERVICES, SITES AND/OR APPS; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

TERMINATION

Notwithstanding any of these Terms of Service, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Services, Sites, and/or Apps, and to block or prevent future access to and use of the Services, Sites and/or Apps for any reason or no reason. Upon termination, the Terms of Service will still apply.

If you want to terminate your legal agreement with The Company, you may do so by notifying The Company at any time and closing your accounts for the Services which you use.

GOVERNING LAW

These Terms of Service and the relationship between you and ViewClix shall be governed by the laws of the State of Oregon as if you signed these Terms of Service in Oregon. The provisions of these Terms of Service that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Washington County, Oregon for exclusive jurisdiction of any dispute arising out of or related to your use of the Services, Sites, and/or Apps or your breach of these Terms of Service.

We make no representation that information on the Sites or within the Apps is appropriate or available for use outside the United States. Those who choose to use the Services and/or Apps or access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SOFTWARE

To the extent applicable, software from the Sites and/or Apps is further subject to United States Export Controls. No software from the Sites or Apps may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software from the Sites or using the App(s), you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

SEVERABILITY

If any of the Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

ENTIRE AGREEMENT

The Terms of Service and the Privacy Policy, together, constitute the entire agreement between the User and ViewClix with respect to the Services, Sites and Apps and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services, Sites and Apps. You agree that the Terms of Service and the Privacy Policy, and all incorporated agreements may be automatically assigned by ViewClix, in its sole discretion, to a third party in the event of a merger or acquisition. Any rights not expressly granted herein are reserved.