Terms of Service

Vista List Terms of Service

Effective Date: July 24th, 2016

BY USING THIS VISTA LIST APPLICATION, INCLUDING THE SERVICE (AS DEFINED BELOW) EMBODIED IN THE MOBILE APPLICATION (COLLECTIVELY, THE “APPLICATION”), YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND VISTA LIST, INCLUDING ITS SUBSIDIARIES, RELATED, AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY “INB TECHNOLOGY LLC (‘INB TECHNOLOGY’)”).  BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS.  SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.  THESE TERMS ARE ALSO AVAILABLE ON THE VISTALIST WEBSITE (HTTPS://WWW.VISTALIST.CO) AND IN THE APPLICATION’S ABOUT SECTION.  CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

Change of Terms of Service

From time to time, INB Technology may modify existing terms and/or update these terms with additional terms that apply to the Service. For example, INB Technology may modify existing terms to reflect any mandatory changes to the law. You should check the terms regularly to keep informed. INB Technology will also post notice of modification to these Terms on this page or via the email address you registered with us. Note, changes will not apply retroactively and will become effective thirty (30) days after they are posted on our website. Changes addressing new functions for the Service or changes made for legal reasons may be effective immediately. You should discontinue your use of our Service if you do not agree with updated/modified Terms.

Privacy Protection

INB Technology’s privacy policies explain how we treat your personal data and protect your privacy when using our Service. By using our Service, you automatically agree to our privacy policies and INB Technology can use such data in accordance with its privacy policies.

Age Restriction

Only individuals thirteen (13) years of age or older may use the Application.  Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms.  Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.

Your Content in Our Service

Our service allows you to upload, download and store content, including but not limited to, information, text, graphics, videos, audios, or other material (“Content”). You retain ownership of any intellectual property rights that you hold in that Content. When you upload, store, send or receive Content to or through our Service, you give INB Technology and its service partners a worldwide license to host, store, upload and download this Content and only for the purpose of providing Service strictly to you and your use of the Content. We reserve our right at all times, but are not obligated, to remove or refuse to distribute any Content through the Service including your Content.

Software in Our Service

When the Service requires or includes downloadable software, this software may update automatically on your device once a new version or features become available to you. Some platforms may let you adjust your automatic update settings.

INB Technology gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided by INB Technology as part of the Service.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of the software, unless local laws prohibit those restrictions or you have our written permission.

Modifying and Terminating Our Service

INB Technology reserves the right to change or modify these Terms or any other INB Technology terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the Vista List website (http://www.vistalist.co) or within this Application.

We may also suspend or stop our Service with at least thirty (30) days notice prior to the complete shutdown of our Service. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications.  

You can choose to stop using our Service at will. We may also stop providing Service to you, or add or create new limitations to our Service at any time as detailed in the Terms.

Using Our Service

You must follow any policies made available to your within the Service. You may only use our Service as permitted by law. INB Technology may investigate and/or suspend or terminate our Service to you at any time if we find your use of our Service violates the Terms and/or any policies.

Using our Service does not grant you ownership of any intellectual property rights in our Service or the content you may have access to. You may not use any copyrighted content in our Service unless you obtain permission from the content owner and/or are otherwise permitted by law. The Terms do not grant you the right to use any branding or logos used in our Service. Our Service may display some logos, trademarks, or branding materials that is not the property of INB Technology. These types of content are the sole responsibility of the entity that makes it available.

You must not abuse and/or misuse our Service, including but not limited to, doing the following things:

  1. Using the Service for any unlawful purposes or activities;
  2. Uploading any content to the Service in violation of any applicable law, including but not limited to, intellectual property laws and publicity laws;
  3. Sending unsolicited promotions or advertisements;
  4. Accessing or tampering with the Service’s server systems;
  5. Interfering with or disrupting the access of any user, host, or network;

INB Technology, in its sole discretion, will determine abuse and/or misuse of our Service.

Premium Service and Payments

You may choose our free Service or paid Service (“Premium”) depending on your need. INB Technology does not guarantee when, if ever, Premium features will be available in the free Service.

When a free trial of Premium is offered, you will have access to all Premium features. After the free trial period, if you choose not to upgrade to Premium, features available to you will be limited to free Service. You will be charged with the amount shown on Pricing before you can access Premium. All prices shown on Pricing are exclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.

BY PURCHASING PREMIUM YOU EXPRESSLY UNDERSTAND AND AGREE TO OUR REFUND POLICY:

FOR ANY CUSTOMER WHO PURCHASED PREMIUM IN APPLE INC.’s APP STORE (“APP STORE”), PLEASE CONTACT APPLE INC.’s SUPPORT TEAM: http://reportaproblem.apple.com/. APP STORE DOES NOT ALLOW DEVELOPERS TO ISSUE REFUND FOR APP STORE PURCHASES MADE BY CUSTOMERS

No Warranties

INB TECHNOLOGY IS PROVIDING THE APPLICATION, SERVICE AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED.  THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, INB TECHNOLOGY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

Limited Liability for Our Service

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS AVAILABLE “AS IS”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

WHEN PERMITTED BY LAW, INB TECHNOLOGY AND ITS SERVICE PARTNERS, LICENSORS, EMPLOYEES, AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.

YOUR USE AND/OR PURCHASE OF SERVICE ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS.

INB TECHNOLOGY DOES NOT WARRANT THAT:

  1. THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS AT ALL TIMES;
  2. THE SERVICE WILL BE ERROR-FREE AND ALL ERRORS IN THE SERVICE WILL BE CORRECTED;
  3. THE SERVICE WILL BE UNINTERRUPTED.

ALL CONTENT DOWNLOADED, UPLOADED AND/OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR DEVICES, INCLUDING BUT NOT LIMITED TO, LAPTOP COMPUTERS, DESKTOP COMPUTER, TABLETS, SMARTPHONES AND SMARTWATCHES, OR ANY DATA LOSS RESULTING FROM DOWNLOAD OR USE OF ANY SUCH ABOVE MENTIONED MATERIAL.

Choice of Law, Jurisdiction

These Terms are governed by the laws of the State of Ohio, United States of America, without regard to Ohio’s conflict of laws rules.  The User irrevocably consents to the exclusive jurisdiction of the state courts in Cuyahoga County, Ohio, United States of America and the federal courts in the United States District Court for the Central District of Ohio, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.

Severability

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  Failure of INB Technology to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Contact Us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at support@vistalist.co.