VizTreks™

Terms Of Use

Updated: January 1, 2024

Thank you for visiting vizflights.com (“Website”). By accessing, using, and reviewing the Website and the VizTreks digital tool, you agree to the following legally binding terms and conditions. Please review them carefully. You must agree to the terms and conditions in their entirety to be authorized to use this Website or the VizTreks digital tool.

1. General

Jacalyn Mahler (”Publisher”) is in various stages of pre-release development and testing of the VizTreks digital tool and host website. As an authorized “Reviewer” you have been given access to components and content (“Review Material”) registered with the U.S. Copyright Office, effective November 23, 2023. You agree to use the Review Material according to the following terms and conditions.

2. Confidentiality

As an authorized user and reviewer of the VizTreks digital tool and vizflights.com, you will have access to valuable confidential information. The loss or disclosure of this information to unauthorized persons will harm the Publisher economically, cause confusion among users, and potentially discredit VizTreks products and services. You agree therefore, to exercise a high degree of care to protect, hold confidential, and avoid the disclosure of all confidential information regardless of whether or not such information is designated as “Confidential Information” when you encounter it.

For the purposes of this Agreement, “confidential information” includes but is not limited to: information relating to proprietary ideas, intellectual property, test items, patentable ideas, copyrights and/or trade secrets, existing and/or contemplated products and services, software in use or in development, tools, system architecture, schematics, research and development, passwords, log-in credentials, production, costs, finances and financial projections, users, customers, clients, marketing, and current or future business plans and models, such as documents, prototypes, samples, products and facilities.

Confidential Information shall mean all nonpublic confidential or other proprietary information that is disclosed by the Publisher whether furnished before, on, or after the date of this Agreement.

3. Publisher’s Obligations

  1. The Publisher agrees not to disclose to any Third Party personal information about you or any child/children using the Review Material, including names, email addresses, or other contact information.

  2. In the event the Publisher wishes to use your name for any promotional purpose or endorsement of products or services, the Publisher will obtain your prior written consent.

  3. Pre-release products are not fully supported by the Publisher’s Technical Support. If you encounter a technical issue that prevents you from accessing or using the Review Material, please report the issue immediately to info@vizflights.com.

  4. The Publisher is responsible for providing only instructions, cautions, recommendations, and other information related to the Review Material.

  5. The Publisher does not warrant the offerings of any third party businesses or individuals or the content of their resources. The Publisher does not assume any responsibility or liability for the actions, products, services, and content of any third parties. You should carefully review the legal statements and other conditions of use of any off-site resources that may be cited on the Website or in the digital tool. Please ensure that you and your child(ren) use caution, common sense, and safety when using the Content posted by and through the Website.

  6. The Publisher is under no obligation to provide you with any updates or revisions to the Review Material and reserves the right to alter, adjust, or delete, at any time, any component, content, feature or functionality as it deems necessary or desirable.

  7. All trademarks, service marks, brand names, graphics, and logos used in connection with the Website and learning tool, are trademarks or registered trademarks of vizflights and VizTreks.

4. Reviewer’s Obligations

  1. Reviewer agrees to use, test, and evaluate the Review Material in accordance with this Agreement.

  2. Reviewer is responsible for exercising supervision over the online activities of any child under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you do not agree to the Terms of Use, do not let your child access and/or use the Website or VizTreks digital tool. If you are the parent or guardian of a child under the age of thirteen (13) and you believe that your child has accessed Website or VizTreks digital tool without your authorization, please contact us at info@vizflights.com.

  3. Reviewer will notify the Publisher of any and all functional flaws, errors, anomalies, and problems directly or indirectly associated with the Review Material known to or discovered by the Reviewer.

  4. Reviewer agrees that the Publisher has no obligation and will not incur any liability in connection with Reviewer’s access, use, or evaluation of the Website and learning tool.

  5. Reviewer is responsible for any and all costs associated with accessing, using, and evaluating the Review Material including, but not limited to: costs related to the purchase or maintenance of tablets, laptops, desktop computers, or mobile devices; costs related to Internet and phone services, audio accessories, and cabling; costs for use of suggested manipulatives, printer paper, or other supplies, etc.

  6. Reviewer agrees not to duplicate, copy, distribute, sell, resell, rent, lease, or make derivative works of the VizTreks digital tool or any content on the Website, in any medium now known or hereafter devised. You may not alter, modify, or incorporate the Review Material into any information retrieval system. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material without the express permission of the Publisher. You may not emulate, clone, decompile, disassemble, reverse engineer or transfer the VizTreks digital tool or any Content on the Website.

  7. The posting of information or material by and through the Website does not constitute a waiver of any right in or to such information and/or materials. All content, services, product offerings as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, and other related matters are protected under applicable copyrights, trademarks and other proprietary claims including, but not limited to, intellectual property rights. You are not permitted to use them on any product or Site in any manner. You do not acquire ownership rights in or to any content, document, software, services or other materials published on vizflights.com or disclosed to you in any oral or written communication with the Publisher.

  8. Any feedback, ideas, modifications, suggestions, and improvements made by the Reviewer (“Supportive Information”) to the Review Material will be the sole property of the Publisher. Participant agrees to assign, and hereby assigns, all worldwide right, title and interest in the Supportive Information and the related intellectual property rights to the Publisher who may disclose or use Supportive Information for any purposes whatsoever without any obligation to the Reviewer. Reviewer agrees that the Publisher may copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate and otherwise use the Supportive Information, for any and all commercial and non-commercial purposes.

5. No Warranty

The Website is provided on an “as is” and “as available basis,” with all faults. All warranties, express or implied, are disclaimed to the fullest extent under applicable law. VizTreks does not warrant that (i) the quality of any products, information, or other material purchased or obtained by you through the Website will meet your expectations; or that the Website will be (ii) uninterrupted, timely, secure, or error-free; (iii) free of harmful components; (iv) accurate or reliable. VizTreks cannot ensure that any files or other data you download from vizflights.com will be free of viruses, contamination, or destructive features. VizTreks will not be liable for any loss of use, including any liability relating to loss of use, interruption of business, lost profits, or lost data.

VizTreks disclaims all warranties, express, implied, or statutory, including but not limited to any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose, and waives all warranties to the maximum extent permitted by applicable law.

6. DMCA Notice

Every effort will be made to secure the appropriate permission for reuse of work protected by copyright. If you believe that a copyrighted work has been copied and/or posted via the Website in a way that constitutes copyright infringement, you should submit in writing a Notification of claimed copyright infringement (“DMCA Notification”) that includes the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Website of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Documentation should be emailed to info@vizflights.com with the subject line “DMCA Notification.”

7. Indemnification

You agree to defend, indemnify, and hold harmless the Publisher from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of and access to the Website, its content, and the digital learning tool.

8. Changes and amendments

The Publisher reserves the right to modify this Agreement or its terms relating to the Website and learning tool at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the date at the beginning of this document. Continued use of the Website and learning tool after any such changes shall constitute your consent to such changes.

Acceptance of these terms

This Agreement constitutes the entire and only agreement between you and the Publisher with respect to your use of the Website and the VizTreks digital tool and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same.

By accessing and using the Website and the VizTreks digital tool you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and the VizTreks digital tool.

Please fill out and submit your acceptance of the Terms of Use.