Policies

Privacy Policy

Privacy issues are important to us. Be assured that any information provided to Visual Structure, Inc. or the Small Business Complete Program will be held in strict confidence.

What personally identifiable information does Visual Structure, Inc. collect from me?

Some personal information is gathered when you register for newsletters or shop at the SBC website. During registration we ask for your name, email address, and other personal information. The more information you volunteer (and the more accurate it is), the better we are able to customize your experience.

In addition to registration we may ask you for other personal information including (but not limited to) when you initiate a project, if you report a problem with our site or contact us using our contact forms. Occasionally, Visual Structure, Inc. asks users to complete surveys that we use for internal research. Wherever Visual Structure, Inc. collects personal information we make an effort to include a link to this Privacy Policy on that page.

How does Visual Structure, Inc. use my information?

Visual Structure, Inc. uses any information voluntarily given by our users to enhance their experience on our site, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.

1. As stated above, Visual Structure, Inc. uses information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, contests, message boards, and other features on our websites. We send out newsletters to subscribers on a regular schedule (weekly or monthly, depending on the newsletter).

2. We use tracking information to determine which areas of our sites users frequently visit. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.

3. Visual Structure creates aggregated reports on user demographics and traffic patterns for advertisers and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs.

With whom does Visual Structure, Inc. share my information?

Business Partners & Sponsors: Some or all data collected during our promotion may be shared with a sponsor or partner. If personally identifying data about you will be shared, we will tell you before we collect or transfer the data.

Business Transfers: As we continue to develop our business, we might sell or buy assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that Visual Structure, Inc. or substantially all of its assets are acquired, customer information will, of course, be among the transferred assets.

Other: Visual Structure, Inc. may also disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Visual Structure, Inc.'s rights or property, other Visual Structure, Inc. users, or anyone else that could be harmed by such activities. Visual Structure, Inc. may disclose user information when we believe in good faith that the law requires it.

What are my choices regarding collection, use, and distribution of my information?

If you indicated upon registration that you are interested in receiving offers or information from Visual Structure or our partners, we may occasionally send you emails about products and services that we feel might be of interest to you. You will receive these communications only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you register. Or, at any time you can easily edit your USER PROFILE to no longer receive such offers or mailings. In addition, you will be able to unsubscribe to our mailing list by clicking on an URL in our newsletter that will automatically remove you from our mailing list.

 

Terms & Conditions

By using Visual Structure, Inc., and signing up as a Client, you agree to be legally bonded by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the Visual Structure, Inc. or Small Business Complete services. Visual Structure may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, Visual Structure, the Small Business Complete program, all services related to it, and all text, images, photographs, user interface, "look" and "feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the "Web Site" or "Service." The Small Business Complete program is owned and operated by Visual Structure, Inc., a New York corporation.

General Creative

a. Payment. Clients initiating a Project must pay for the Project via Personal Credit Card, Business Credit Card or other payment method expressly authorized by Visual Structure, Inc. Clients will be charged for the Package(s) selected. If you pay your account by credit card, you will be required to provide a valid credit card number and your credit card billing address when you register as a Client. Visual Structure will email client a receipt for the transactions in which Client is involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time.

b. Refunds. If Client is not satisfied with the initial Responses provided by Visual Structure, Inc., Client might request a refund by completing the Refund Request form, which will be provided to Client upon request. Upon timely receipt of the completed form, Visual Structure will refund the total payment made by Client, less a ninety-nine dollar ($99.00) service and processing fee. Once Client requests additional revisions for any of the initial concepts, Client shall forfeit the right to the refund as outlined above. Client shall also forfeit the right to a refund if the Client does not respond in a timely manner as outlined in section (c). Acceptance of such refund shall constitute Client's sole and exclusive remedy with respect to such service. Should Client receive such refund, Client acknowledges that it will have no right (express or implied) to use any services or other work product, content, or media, nor any ownership interest in or to the same.

c. Project duration. Client agrees to provide timely responses to Visual Structure after receiving status notifications from Visual Structure. If project timeline is not provided, Client shall has a default 10 business day response time to respond to each set of correction/change submitted to Client for review. If client does not meet project timelines or fails to respond in 10 business days, Visual Structure will deem client to be delinquent and project will be canceled and complete. At such time, Visual Structure, Inc. shall have no further obligation to Client, and Client shall pay Visual Structure, Inc. all fees and expenses associated with work performed by Visual Structure, Inc.

Ownership; Rights to Use.

Websites and Services Generally. Except as expressly contemplated under this Agreement, as between Visual Structure, Inc. and you, Visual Structure, Inc. will own all rights, titles and interests in and to all copyrights, trademarks, service marks, patents, trade secrets or other intellectual properties and proprietary rights in and to the Website and Service, in all media now known or later devised, to the full extent provided under United States and international laws. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Website or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Visual Structure, Inc., including "Small Business Complete ", without the prior written consent of Visual Structure, Inc. in its sole discretion for each such use.

Creative and Concept Briefs. Upon submission a Creative or Concept Brief or any other information or media provided by Client in connection with Client's use of the Service (collectively, the "Client Information"), Visual Structure, Inc., Small Business Complete and its agents shall have all rights and licenses necessary to use such Client Information for purposes of obtaining Creative concepts and project ideas and for archival purposes.

Rights of Visual Structure, Inc. Upon Client's submission of Client Information to the Service, Client grants Visual Structure, Inc. and its agents (including Small Business Complete) a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide Client with Services and Projects.

Rights of Clients. Subject to Client's compliance with the terms and conditions of this Agreement, Client shall own final Creative compositions provided to Client by Visual Structure, Inc. hereunder. Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final project composition, with such right, title and interest expressly reserved to Visual Structure, Inc.. Client acknowledges and hereby grants to Visual Structure, Inc. the right to use Creative and Revision Briefs, as well as individual Responses provided to Client, for internal and archival purposes, and in order to display and promote Visual Structure and the Small Business Complete program. Client acknowledges that its rights under this Agreement shall be limited solely to the final Response compositions, and that no trade or service marks in or to such final project compositions are being conveyed under this Agreement. Client acknowledges that Visual Structure, Inc. shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the Creative compositions. Accordingly, Client is encouraged to perform its own independent searches with regard to the Creative compositions. Furthermore, Client acknowledges that Visual Structure, Inc. shall have no responsibility or obligation of any kind to assist Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the Creative Works, nor shall Visual Structure, Inc. be responsible in otherwise assisting Client in any way in Client's perfection of Client's rights in or to the Creative work.

Disclaimers; Limitations of Liability.

Indemnification. Upon a request by Visual Structure, Inc., you agree to defend, indemnify and hold harmless Visual Structure, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions or your use of the Website, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.

Links to Third Party Services. The Website may contain links to third party websites or other services (the "Linked Content"). The Linked Content is not under the control of Visual Structure, Inc. and Visual Structure, Inc. is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Visual Structure, Inc. is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Visual Structure, Inc. of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.

Termination. Visual Structure, Inc. reserves the right, in its sole discretion, to terminate Client's access to all or a portion of the Program, at any time, with or without notice. In the event of such termination, Visual Structure, Inc. will work with Client to determine the amount of any refund (if any) to be paid to Client as a result of such termination. Should Client's use of the Service result from Client's material breach of the terms and conditions of this Agreement, or any other agreement to which Visual Structure, Inc. and Client are a party, Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.

Email communications. Visual Structure, Inc. will generally use email to communicate with Client. By using the Visual Structure, Inc. service you agree to receive status notifications, a monthly newsletter, and carefully selected special offers and promotions for our services, or for third-party services Visual Structure, Inc. believes could be of value to Client. This is essential to maintaining the low-cost of our services. You are free to unsubscribe at anytime. Visual Structure, Inc. may or may not use a third party to send email, however, your personal identifying information will never be disclosed or shared with another party without your explicit permission as outlined in our privacy statement and as required by law.

General. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Visual Structure, Inc. (e.g., privacy policy) as a condition precedent to Client's use of the Service), between you and Visual Structure, Inc. regarding the subject matter of these Terms and Conditions. No modification, amendment, or waiver of these Terms and Conditions or Use or any part of them shall be binding unless evidenced in writing and signed by Visual Structure, Inc.. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. The substantive law of the State of New York shall govern these Terms and Conditions, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in New York City, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Visual Structure, Inc. agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Visual Structure, Inc., Inc. may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Visual Structure of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

Template Products

  1. Your purchase or use of our products implies that you have read and accepted these terms and conditions.
  2. Web Template License Agreement - Visual Structure, Inc. grants you a nonexclusive limited license to use the web templates provided through our program in accordance with the following terms and conditions.
  3. Modifications - You are authorized to make any necessary modification(s) to products to fit your purposes.
  4. Unauthorized Use - You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Visual Structure, Inc.
  5. Assignability - You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Visual Structure, Inc.
  6. Ownership - You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
  7. Refunds - Since we offer non-tangible irrevocable services we do not issue refunds after the product purchased, which you are responsible for understanding upon purchasing any item from Visual Structure, Inc., "The Small Business Complete Program" or our site. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline for any refund claim is one week after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition.
  1. Print Template License Agreement - Visual Structure, Inc. grants you a non-exclusive, non-sublicensable, non-transferable right to use, without payment of additional royalties and fees, the graphic design template you have selected (the "Product") for you for use on a worldwide and perpetual basis to produce derivative works for the following applications:
        1.1 Advertising and promotional materials;
        1.2 Print publications;
  2. Modifications - You are authorized to make any necessary modification(s) to products to fit your purposes.
  3. Unauthorized Use - You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Visual Structure, Inc.
  4. Assignability - You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Visual Structure, Inc.
  5. Ownership - You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
  6. Refunds - Since we offer non-tangible irrevocable services we do not issue refunds after the product purchased, which you are responsible for understanding upon purchasing any item from Visual Structure, Inc., "The Small Business Complete Program" or our site. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline for any refund claim is one week after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition.

Liability - Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall Visual Structure, Inc. be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

PayPal Purchases - We reserve the right to request proof of identity from any PayPal member. Furthermore, all New Unverified PayPal members will be required to provide proof of identity. Proof of identity may be provided in the form of scanned copies of a driver's license and one other supporting document, such as a utility bill or telephone bill. Please note: If you are unable to provide this documentation, please do not process your order via PayPal. Your purchase of our product(s) via PayPal implies that you have read and accepted these terms and conditions.