ViewletCentral by Qarbon - We make easy to communicate online.

Terms of Use

1. ACCEPTANCE OF TERMS
This is a legal Agreement between the service provider, Qarbon, Inc., a Delaware Corporation ("Qarbon" or "We") and the customer ("You"). Qarbon provides its online viewlet hosting and sharing service ("Service") through www.viewletcentral.com ("ViewletCentral") to you, subject to these Terms of Use. By registering with Qarbon and using the Service you agree to be bound by these Terms of Use. Qarbon reserves the right to modify these Terms of Use from time to time, with or without notice to You. By continued use of the Service after such Terms of Use have been posted, You agree to abide by such changes. You can always review the most current version of these Terms of Use by visiting www.viewletcentral.com and clicking the link at the bottom of every page.

2. SERVICES PROVIDED
The Service allows you to upload and share viewlets and associated files using the ViewletCentral website, and provides detailed statistical information on the use of viewlets hosted on the ViewletCentral website.

The Service is provided in several separately priced levels (the "Service Plans"). Current list of available Service Plans, as well as feature and other differences between the Service Plans and the pricing information is available on the ViewletCentral website. You acknowledge that you will only receive the the Service Plans for which you are paying the associated fees.

A special "Free Discovery" Service Plan is available to You free of charge, and allows You, after completing the registration process, to use the Service with no time limit. Qarbon reserves the right to discontinue the special "Free Discovery" plan without prior notice.

3. MODIFICATION TO SERVICES
Qarbon reservers the right at any time to modify or discontinue the Service or Service Plans with or without prior notice. You agree that Qarbon shall not be liable to You or to any third party for any modification or discontinuance of the Service or Service Plans.

4. REGISTRATION, PASSWORD, ACCOUNT USE
You agree that the information that You provide during the registration will be true, current and accurate. You also agree to further update and keep such information true and current. You shall also provide a password to access Your account and the Service. It is Your sole responsibility to keep Your account information and password safe and secure and You are fully responsible for misuse of Your account or password. Qarbon shall not be liable for any damage caused by use of Your account or password by third party. You should notify us of any unathorized use of Your account.

Misuse of the Service by providing a false email address during registration may lead to cancellation of Your account without refund, in accordance with the provision entitled "Term and Termination".

5. PAYMENT
You acknowledge that Qarbon shall not be obligated to provide any of the Services to You unless it has received payment for the applicable fee. You agree to pay all applicable one-time and recurring fees for the selected Service Plan. The recurring fees will be automatically deducted from Your credit card on a month-to-month basis in case of the monthly billing, or year-to-year basis in case of the yearly billing, until You cancel Your subscription. You agree that You have to cancel your subscription at least 3 business days before the new subscription period begins, in order to prevent the full subscription fee for the new subscription period to be deducted from your credit card. One-time activation and setup fees, and the yearly and monthly subscription fees are not refundable.

6. PRIVACY
Qarbon is committed to protecting Your privacy. For more information regarding Qarbon's Privacy Policy, visit the "Privacy Policy" section of the ViewletCentral website.

7. TERM AND TERMINATION
Either party may terminate Your account and this Agreement at any time by written notice to the other party. You agree that Qarbon may terminate Your account and this Agreement if it believes that You have breached any provision of these Terms of Use, or for any other reason, with or without prior notice to You. Qarbon may modify or discontinue its website or Service, with or without prior notice to You, and will not be liable to You or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "General Provisions," "Indemnity" and "Ownership" shall remain in effect despite any termination of this Agreement.

8. PROHIBITED USE
You acknowledge that Qarbon does not take any responsibility for the material or content that You publish or transmit using the Service. You are prohibited to use the Service to publish or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable.

9. OWNERSHIP
All content included on the ViewletCentral website, such as text, graphics, logos, images, audio clips and software (the "Content"), is the property of Qarbon or its content suppliers and protected by international copyright laws. The reproduction, modification, distribution, transmission, republication, decompilation, reverse engineering or dissasembling, of the Content on this website is strictly prohibited, unless expressly stated otherwise.

Qarbon does not claim ownership of viewlets and files You upload ("Customer Content"). You grant Qarbon a royalty-free, non-exclusive, worldwide license to use, distribute, reproduce, publicly perform and publicly display the Customer Content solely for the purpose of displaying and storing the Customer Content on ViewletCentral. This license will automatically terminate at the time you remove the Customer Content from ViewletCentral.

10. DISCLAIMER OF WARRANTIES
You agree that Your use of the website and the Services is at Your own risk. Everything on the website and the Services we offer are provided on an "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. QARBON MAKES NO WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, RELIABLE OR WILL FULFILL YOUR NEEDS OR MEET YOUR REQUIREMENTS. QARBON MAKES NO WARRANTIES THAT THE RESULTS DERIVED FROM USE OF ANY OF THE SERVICES WE OFFER WILL BE ACCURATE OR USEFULL. QARBON IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY THE USE OF RESULTS DERIVED FROM USE OF THE SERVICES WE OFFER.

11. INDEMNITY
You agree to defend, indemnify, and hold harmless Qarbon, its officers, employees, and partners, from and against any claims and demands, including without limitation reasonable legal and accounting fees, arising from or related to Your use of the ViewletCentral website, Your use of Qarbon Service, Your violation of these Terms of Use, or Your violation of any laws or regulations.

12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QARBON NOR ANY OF ITS OFFICERS, EMPLOYEES AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, DELAY OR INABILITY TO USE THE SITE, THE PROVISION OR FAILURE TO PROVIDE SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS OR DEFECTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. GOVERNING LAW
The use of ViewletCentral and any disputes and claims resulting thereof shall be governed by the laws of California. Both You and Qarbon agree to submit to the exclusive jurisdiction of the California courts.

14. GENERAL PROVISIONS
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforcable or invalid, the remaining provisions will remain in full force and effect. The headings contained in these Terms of Use are for convenience only and shall not constitute a part hereof.