Effective September 2023
These Terms of Use constitute a binding agreement between You (“You”, “Your”) and Seidlitz Education, LLC (“Seidlitz,” ”we,” or ”us“) governing Your use and access of The Visual Non-Glossary (“The VNG”) website or application and any database associated with The VNG having content (“The VNG Content”) which You may download, view, or otherwise obtain from the website or application.
By accessing The VNG or otherwise using and interacting with The VNG (e.g., viewing, downloading, or both The VNG Content), You agree to be bound by these Terms of Use.
The VNG Content includes, but is not limited to, pictures, photos, and drawings in digital format. Seidlitz Education, LLC owns all rights, title, and interest in and to the intellectual property contained within The VNG Content, and The VNG Content is protected by United States and international laws.
Subject to compliance with these Terms of Use by You, Seidlitz grants to You a limited, revocable, non-exclusive, and non-transferrable Access License to browse, access, and view any of The VNG and The VNG Content.
Upon a valid purchase of a Content License, so long as the Content License is in effect, and subject to compliance with these Terms of Use by You, Seidlitz grants to You a limited, revocable, non-exclusive, and non-transferrable Content License to download and use a copy of any downloadable The VNG Content available from The VNG on any computing device for educational purposes.
Except as set forth in these Terms of Use, the Access License and the Content License do not include any right to make, modify, perform, reproduce, prepare derivative works of, distribute, or display any of The VNG Content.
As conditions of Your use of The VNG, You agree to retain all copyright and other proprietary notices contained on The VNG Content used by You.
You agree not to:
You agree that Seidlitz has the right to suspend or terminate Your access to all or some of The VNG and The VNG Content if Seidlitz determines that You are in breach of the Terms of Use.
You agree that Seidlitz has the right to terminate any License (e.g., the Access License and/or the Content License) to The VNG Content if Seidlitz determines that You are in breach of the Terms of Use.
In the event of suspension or termination of Your access and/or any License by Seidlitz, Seidlitz may delete or change Your login information associated with any account You have for The VNG; delete Your account; and/or bar Your further use of The VNG. Seidlitz may also take any action available under any laws to enforce a breach of these Terms of Use, including use of The VNG that is outside the scope of the License.
If Your access to The VNG is terminated under these Terms of Use, then You agree that You will not attempt to re-register with or access The VNG through the use of different login information.
All provisions of these Terms of Use shall survive termination of Your access to The VNG.
THE VNG AND ANY OF THE VNG CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE VNG IS DOWNLOADED OR OTHERWISE ACCESSED AT YOUR OWN RISK.
SEIDLITZ MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT: THE VNG CONTENT WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE VNG WILL BE UNINTERRUPTED OR SECURE; THAT THE VNG CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE INFORMATION ON THE VNG IS CORRECT, ACCURATE, OR RELIABLE.
SEIDLITZ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARISING FROM USE OF THE VNG AND THE VNG CONTENT.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE VNG AND THE VNG CONTENT, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE VNG, FROM TIME TO TIME, MAY BE SUBJECT TO MAINTENANCE OR OTHER DISRUPTIONS TO ACCESS.
YOU AGREE THAT IN NO EVENT WILL SEIDLITZ BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR ANY DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, OR PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SEIDLITZ, OR OUR SERVICES, OR FROM ANY COMMUNICATIONS WITH OTHER USERS THEREOF, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SEIDLITZ OR OUR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED THROUGH SEIDLITZ ; (3) CONDUCT OF ANY THIRD PARTY ON SEIDLITZ ; OR (4) ANY OTHER MATTER RELATED TO SEIDLITZ OR OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF SEIDLITZ FOR ANY INJURY CAUSED BY SEIDLITZ'S FRAUD OR FRAUDULENT MISREPRESENTATION.
UNDER NO CIRCUMSTANCES WILL SEIDLITZ BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO SEIDLITZ BY YOU FOR THE VNG CONTENT THAT GAVE RISE TO LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF SEIDLITZ FOR ANY INJURY CAUSED BY SEIDLITZ'S FRAUD OR FRAUDULENT MISREPRESENTATION.
Both You and Seidlitz agree that all claims and disputes arising out of or related to these Terms will be litigated exclusively in the state or federal courts of Tarrant County, Texas.
These Terms of Use and any action related to them will be governed and interpreted by and under the state laws of the State of Texas and federal laws of the United States, without giving effect to any principles that provide for the