Terms of Use

You must read, agree with and accept all of the Terms of Use contained in this User Agreement and the Privacy Policy before you may become a member of the Site.

Welcome to Vyoopoint.com (‘Vyoopoint’) which is a service of dsire incorporated (‘dsire’, ‘we’, ‘us’ or ‘our’). Vyoopoint provides online services for viewing visual materials and for collaborating on the development of visual materials subject to the following Terms of Use Agreement (‘Agreement’). This Agreement is a legal agreement between you (‘person’ or ‘organization’) and dsire. By using the Site, you signify that you have read, understand, and agree to be bound by this Agreement.
We, at our sole discretion, may modify these terms of use and will post a copy of the amended Agreement to the Site. You are bound by any such updates or changes, and so you should periodically review the terms of use. If you cannot comply or do not agree with the Agreement as amended, you must cancel your subscription to Vyoopoint and must stop using its services. You will be deemed to have accepted an amended Agreement if you use any of Vyoopoint’s services after amendments are posted on the Site.

1. Authorized Users

Age; Authority. Vyoopoint provides services to people under 18 years old. If you are under 18 years old you may use Vyoopoint only with the involvement of a parent or guardian. If you cannot comply or do not agree with any of the not subscribe or attempt to access any of Vyoopoint’s services.
Registration. To use Vyoopoint, you may be required to register and provide information that may include a member or user name, a password and a valid email address (‘Account Information’). You must provide accurate Account Information and update your Account Information when needed to keep it accurate. dsire will use your Account Information in accordance with our Privacy Policy. You consent, by providing dsire your email address, to receiving notices about our services, and also notices required by the law. You may not opt out of receiving emails notices.
Account Confidentiality. You agree that you will retain only one free account at a time and that you will not allow others to use your Account Information. Paid subscribers are welcome to have multiple accounts. You are responsible for keeping you account confidential and secure. You must notify us immediately if there is any unauthorized use of your password or account. dsire will not be responsible for any loss or damage created by the unauthorized use of your user or member name, password or account. You agree to indemnify and hold dsire harmless for any improper, unauthorized or illegal uses of your user or member name, password or account.
Bandwidth. Vyoopoint was designed as a tool to collaborate on your design work with your clients and colleagues, and not as a public presentation medium. dsire has a generous policy when it comes to bandwidth usage. Your bandwidth usage typically will be deemed excessive if it exceeds the following per account type, per month: Free = 150MB, Basic = 4GB, Medium = 8GB, Premium = 25GB, Godzilla = 50GB. Or your bandwidth usage will be deemed excessive if it exceeds the average bandwidth usage of your account type by other Vyoopoint account holders as solely determined by dsire. We may review any account for excessive bandwidth usage, and we reserve the right to immediately suspend accounts for excessive bandwidth consumption.
Account Terms. As a Vyoopoint account holder you may post documents, comments, or other material to the Site (‘Content’). dsire takes the security of your Content very seriously and we have put in place a variety of security measures. However, whether the Content is in private galleries or public galleries or is unpublished, dsire does not guarantee any confidentiality with regards to any Content. You will solely be responsible for the consequences of posting and publishing your Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, audio files, computer software, or any other media. You affirm and warrant that you own or possess the necessary rights, licenses, permissions, and consents to use and authorize Vyoopoint to use all patent, trademark, copyright, or other propriety rights in or to any Content in the manner contemplated by this Agreement. By making Content available, you represent and warrant:
- The downloading, copying and use of the Content will not infringe the proprietary rights of any third party, including but not limited to the copyright, patent, trademark or trade secret rights.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
You may not use Vyoopoint for any illegal or unauthorized purposes nor may you use this Site to violate any laws in your jurisdiction as well as the laws of the United States and the state of New Mexico. You represent and warrant:
- Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- Your Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- Your Content is not defamatory, obscene or libelous, and does not violate the privacy or publicity rights of any third party.
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by dsire or otherwise.
A breach or violation of any of the Account Terms as determined at the sole discretion of dsire will result in an immediate termination of your services.
License. dsire grants you a limited, non-exclusive, non-transferable license to use Vyoopoint. If you register for Vyoopoint’s services, this license is conditioned on your timely payment of all applicable subscription fees and on your compliance with any terms and conditions applicable to you. Vyoopoint reserves all right, title and interest not expressly granted under this license to the fullest extent possible under all applicable laws. Any use of Vyoopoint not permitted under this agreement is strictly prohibited.
Payment, Refunds and Account Cancellation. A valid credit card account is required to be kept on file for all paid accounts. Subscribers to paid account agree to pay subscription charges set forth on the Site, applicable taxes, and all other applicable charges incurred to access the Vyoopoint services. dsire reserves the right to increase ir decrease subscription charges after providing reasonable notice. dsire will automatically charge your credit card for renewal of your monthly site subscription. Charges are applied at the beginning of your account’s monthly billing cycle. In the event dsire cannot charge your credit card account, we reserve the right to suspend your access to the Vyoopoint services and you agree to arrange payment for the outstanding amount.
In order to cancel and avoid a charge you must cancel the subscription before payment is processed for the next monthly cycle. There is no prorating and no refunds for partial month usage. All payments are non-refundable even if your subscription is suspended or terminated prior to the end of the subscription term.
We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. If you choose to cancel your account you are fully responsible for backing up the Content in your Vyoopoint account. Once the account is cancelled all your data will be deleted. You can cancel your account at any time by logging in to your Settings panel and choosing ‘cancel account’. Any questions regarding refunds and account billing issues can be addressed to support [at] vyoopoint [dot] com.

2. Content of the Service

Third Party Content. dsire takes no responsibility for third-party material posted to the Site. dsire does not have any obligation to monitor such third-party material. dsire reserves the right to remove or refuse to distribute any material on Vyoopoint, such as material which violates this Agreement. dsire also retains the right to access, view, preserve, and disclose any information as necessary to satisfy the law, or to enforce the terms of use, or to prevent and address fraud, or to respond to user support requests, or to protect dsire, its users and the general public. dsire will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. To report unauthorized and/or illegal third-party Content send an email to support [at] vyoopoint [dot] com.

3. Intellectual Property Rights

dsire’s Intellectual Property Rights. You acknowledge that dsire owns all right, title and interest in and to the Site, including without limitation all intellectual property rights. dsire intellectual property rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site, including but not limited to its visual design or CSS/HTML code, without the express written permission of dsire.
Your Intellectual Property Rights. dsire makes no claim to intellectual property rights over the materials you post to the Site. You or a third party licensor retain all patent, trademark and copyright to any Content you post to the Site. By posting Content on Vyoopoint, you grant dsire a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute your content on Vyoopoint for the purpose of displaying and distributing Vyoopoint services. dsire reserves the right to refuse to accept, post or display any Content at its sole discretion.

4. General Information

You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use Vyoopoint.
We reserve the right to modify or terminate the Site for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
Your Content (not including credit card information), may be transferred unencrypted and may be involved in transmissions over various networks; and may be subject to changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Technical support is only provided to paying account holders and is only available via email.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any dsire customer, dsire employee, member, or officer will result in immediate account termination.
The failure of dsire to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should seek to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This Agreement will be governed by the laws of the State of New Mexico without regard to its conflict of law provisions. The exclusive jurisdiction for any claim, action or dispute with dsire or relating in any way to your use of the Vyoopoint Services will be in the state and federal courts of the State of New Mexico and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Santa Fe, New Mexico.

Disclaimers

Vyoopoint (including any software contained therein) and any upgrades and licensed content are licensed to you as is. Any use of Vyoopoint will be at your own risk. To the maximum extent permitted by applicable law, dsire, its suppliers and its licensors disclaim all warranties, either express or implied. dsire, its suppliers or its licensors make no representations or guarantees that the Vyoopoint services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and dsire disclaims any liability relating thereto.
Dsire, its suppliers or its licensors make no guarantees, representations, or warranties that use or results of the use of the Vyoopoint services will be accurate, reliable, current, uninterrupted or without errors. Dsire, without prior notice, may modify, suspend, or discontinue the Vyoopoint services or your use of them. Whenever dsire elects to modify, suspend, or discontinue the Vyoopoint services, it will not be liable to you or any third party.
You acknowledge that your submission of any information to dsire is at your own risk. Dsire, its suppliers or its licensors do not in any way assume any liability to you with regard to any loss or liability relating to such information.
You understand that you may encounter offensive, indecent or other objectionable content when using Vyoopoint. dsire, its suppliers or its licensors will not be liable to you for any such content.
Some of the content, products, and services available at the Site may include materials that belong to third parties. You acknowledge that dsire, its suppliers or its licensors assume no responsibility for such content, products or services.

Limitation of Liability

dsire, its suppliers or its licensors will be liable in no event to you for indirect, general, special, incidental, consequential, exemplary or other damages even if dsire, its suppliers or its licensors have been advised of the possibility of such damages. No oral or written information given by dsire, its suppliers, its licensors or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
dsire’s entire liability and your exclusive remedy under this agreement will be limited to the greater of one dollar (US $1.00) or the total amount paid by you for the applicable Vyoopoint services at issue.

Indemnity

You will indemnify and hold dsire, its suppliers and its licensors harmless with respect to any suits or claims arising out of your breach of this Agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or your use of Vyoopoint’s services.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Any questions about the Terms of Use should be sent to support [at] vyoopoint [dot] com.