Terms of Use

Terms of Use

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on February 12, 2009.

This Terms of Use Agreement sets forth the standards of use of the Quirical LLC (the “Company”) Online Services. By using this website you (the “User”) agree to these terms and conditions. The Company operates multiple websites including, but not limited to, computervisioncentral.com, embeddedvisioncentral.com, and mobilevisioncentral.com. Terms such as “this website”, “the website”, or “its website” in this agreement refer to any website operated by the Company. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

The Company is providing User with access to its website (“Service”). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties.

The site is provided by the Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions in the use of this Website. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

QUIRICAL LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR QUIRICAL LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF QUIRICAL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE IN SOME JURISDICTIONS.

4. Indemnification

User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

The Company reserves the right to modify or discontinue the Service with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Service. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Information

Product specifications and other information have either been provided by the Vendors, contributed by Users, or collected from publicly available sources. We can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Content contributed by User

By submitting content to be published on this website, you grant a royalty-free, non-exclusive, non-revocable license to the Company to aggregate, feed, distribute, edit, publish, and un-publish that content on its websites or in other forums, channels, and media at the Company’s discretion. Nothing in this agreement shall be construed to require the Company to publish content that you have submitted.

User agrees not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

b) that is pornographic or obscene;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates federal, state, or local laws;

e) that impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);

f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement. You understand and agree that sending unsolicited email advertisements to Company email addresses or through Company computer systems is expressly prohibited by these Terms of Use. Any unauthorized use of the Company’s computer systems is a violation of the Terms of Use and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties;

i) that constitutes or contains any form of advertising or solicitation. User agrees not to post advertisements on the site without permission from the Company. User must contact the Company to make arrangements to place an advertisement on the site or, if available, may self-post an advertisement via a method provided by the Company specifically for self-posting an advertisement (for example, posting a job opening via a ‘post job opening’ link). The Company reserves the right to refuse any advertisement for any reason at the Company’s sole discretion. Advertisements or solicitations include, but are not limited to, advertisements for products, services, and job openings. The Company shall be the sole judge of what constitutes an advertisement;

j) that includes links to commercial services or web sites, deemed as advertisements or solicitations;

k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

n) “stalk” or otherwise harass anyone;

o) collect personal data about other users for commercial or unlawful purposes;

p) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;

q) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

r) attempt to gain unauthorized access to Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Company’s website; or

s) use any form of automated device or computer program that enables the submission of postings on the Company’s website without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

9. Governing Jurisdiction of the Courts

Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois.

10. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by Quirical LLC, with all rights reserved, or is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited.

Quirical LLC™, Quirical™, Quirical.com™, Computer Vision Central™. ComputerVisionCentral.com™, ComputerVisionCentral.org™, The Worlds’ Portal to Computer Vision™, Your Destination for Computer Vision™, Your place for Computer Vision News and Discussion™, Limitless Knowledge™, Embedded Vision Central™, EmbeddedVisionCentral.com™, EmbeddedVisionCentral.org™, MobileComputerVision™, MobileComputerVision.com™, MobileComputerVision.org™, and Vision Watercooler™ are proprietary marks of Quirical LLC. Quirical LLC’s trademarks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.

All other trademarks displayed on Quirical LLC’s websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Company.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Quirical LLC requires a written notification of claimed copyright infringement at the following email address (contact ‘at’ computervisioncentral ‘dot’ com).

13. Access to the Service

The Company retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

The Company grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our terms of use.

The Company may offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The Company may permit you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘Computer Vision Central’ as the source, (d) your use or display does not suggest that the Company promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden the Company’s systems. The Company reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by the Company immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.

14. Violation of Terms and Liquidated Damages

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for the Company to pursue legal action to enforce the Terms of Use Agreement, you will be liable to pay the Company the certain amounts as liquidated damages, which you accept as reasonable estimates of the Company’s damages for the specified breaches of the Terms of Use Agreement.

15. Orders for Products and Services

The Company may make certain products and services, such as membership subscriptions and advertisements, available to visitors and registrants of the Website. You may only order products or services if you are of consenting age at your place of residence. You agree to pay in full the prices for any purchases you make by payment means acceptable to the Company. You agree to pay all applicable taxes, if any. If payment is not received by the Company from your credit or debit card issuer or its agents, or from other payment source, you agree to pay all amounts due upon demand by the Company. Failure of payment would result in termination of services.

16. Refunds

Except in cases where the membership subscription began with a free trial period, the Company will refund your membership fee in full if you cancel within 3 days of payment. If your membership began with a trial period, that trial period takes the place of the 3 day cancellation period, and once the paid membership subscription begins, no refund will be provided. All membership subscriptions not cancelled within this 3 day period, may be canceled by You at any time but no refund will be made for unused membership subscription periods.

17. Renewals

You can check if your membership subscriptions are up for renewal. Alternatively, you may be notified via email when the membership subscriptions payments are due. Membership subscriptions will be terminated if payments are not received. Furthermore, you can let us know if you wish to cancel future membership subscription.

18. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.