Virtual Vista's Terms of Service
This Agreement sets forth the terms and conditions that apply to your access and use of the Virtual Vista data service ("Virtual Vista"), as owned and operated by Leica Geosystems Pty Ltd, a Queensland company, on behalf of itself and its direct or indirect subsidiaries and/or affiliates, (collectively referred to as "Leica Geosystems"). By using Virtual Vista you agree to be bound by the terms and conditions of this Agreement and Virtual Vista's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).
1. Accepting the Terms
By using the information, tools, software, features and functionality including content, updates and new releases located on the Virtual Vista website (together the "Service"), you agree to be bound by this Agreement. The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to Leica Geosystems. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Leica Geosystems.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
We grant certain third-parties access to your stored data (described below) in connection with the Service when you choose such Partner Services (described below.)
It may be necessary to transfer your stored data out of your country of origin because the data storage is provided by a cloud service over whom Leica Geosystems does not have complete control. By agreeing to these terms and using the Service, You agree to such transfer.
3. Description of the Service
The Service is a data storage and information service for the agricultural industry, and includes storage of agricultural navigation device configuration files, land boundaries, third party service management (including network data correction services) and other information service and storage related to the agricultural industry.
The following features may comprise the Service or will comprise the Service in the future. The following descriptions are for illustration only; and Leica Geosystems does not guarantee each of the features described. Some of the following features may be for premium users only.
Information about the location of your vehicle and the current system status such as GPS status, steering performance and area completed are communicated to the service. An authorised user is able to review this information on a web portal, tracking where the vehicle has been and its current live status. Additionally the user may configure alerts which will be triggered when the vehicle leaves a boundary, operates at a defined time or operates in a certain way.
Additional data recorded on the registered device may be kept in sync with the data stored on the service to allow remote management of data, vehicles and people.
Leica Geosystems knows every local region has individual requirements which cannot be met by a single farm management package without compromising simplicity. By subscribing to a partner service Leica Geosystems can provide a third party access to your stored data to provide the local management tools and reports you need.
Many components of the Service are provided to you by Leica Geosystems without charge. Other features may require a subscription or fee.
4. Account Information from Third Party Sites4. Account Information from Third Party Sites
With the Service, You may direct Leica Geosystems to retrieve Your own information maintained online by third-party service providers with which You have customer relationships, maintain accounts or engage in transactions, including weather services, third-party device configuration or other third-party services requiring registration ("Account Information"). Leica Geosystems may work with one or more service providers to access this Account Information. Leica Geosystems makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Leica Geosystems is not responsible for the products and services offered by or on third-party sites.With the Service, You may direct Leica Geosystems to retrieve Your own information maintained online by third-party service providers with which You have customer relationships, maintain accounts or engage in transactions, including weather services, third-party device configuration or other third-party services requiring registration ("Account Information"). Leica Geosystems may work with one or more service providers to access this Account Information. Leica Geosystems makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Leica Geosystems is not responsible for the products and services offered by or on third-party sites.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
6. Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Leica Geosystems, in its sole discretion, may elect to take.
You agree that Leica Geosystems may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Leica Geosystems a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Leica Geosystems in any way. Leica Geosystems will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
7. Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. LEICA GEOSYSTEMS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
8. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Leica Geosystems through the Service, you are licensing that content to Leica Geosystems (and partners, as described above) solely for the purpose of providing the Service. Leica Geosystems may use and store the content, but only to provide the Service to you. By submitting this content to Leica Geosystems, you represent that you are entitled to submit it to Leica Geosystems for use for this purpose, without any obligation by Leica Geosystems to pay any fees or other limitations.
By using the Service, you expressly authorize Leica Geosystems to access your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize and permit Leica Geosystems to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.
9. Leica Geosystems's Intellectual Property Rights
The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Australian and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to Leica Geosystems or its software or content suppliers. Leica Geosystems grants you the right to view and use the Service subject to these terms. Any distribution, reprint or electronic reproduction of any content from Virtual Vista in whole or in part for any other purpose is expressly prohibited without our prior written consent.
10. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without Leica Geosystems's express written consent, which may be withheld in Leica Geosystems's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
11. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH VIRTUAL VISTA OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT FROM THIRD PARTIES) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. LEICA GEOSYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF VIRTUAL VISTA OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
LEICA GEOSYSTEMS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON VIRTUAL VISTA OR OF THE SERVICE (WHETHER OR NOT FROM THIRD PARTIES), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LEICA GEOSYSTEMS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
12. Your Indemnification of Leica Geosystems
You shall defend, indemnify and hold harmless Leica Geosystems and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
13. Ending your relationship with Leica Geosystems
This Agreement will continue to apply until terminated by either you or Leica Geosystems as set out below. If you want to terminate your legal agreement with Leica Geosystems, you may do so by closing your account for the Service.
Please use the directions below to cancel your account: firstname.lastname@example.org
Leica Geosystems may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Leica Geosystems in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Leica Geosystems may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Virtual Vista site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
15. Governing Law and Forum for Disputes
This Agreement shall be governed by and construed in accordance with the law in force in the Queensland, Australia and the parties irrevocably and exclusively submit to the jurisdiction of the Courts of that State.
In the event that either party hereto considers that a dispute has arisen between You and Leica Geosystems at any time, that party may give notice to the other specifying the nature of the dispute. If still unresolved, the dispute will then be expeditiously dealt with by mediation and then (if necessary) by arbitration under the relevant arbitration act of Queensland. No court action (other than the minimum appeal on matters of law arising from an arbitration) concerning the Service shall be commenced or pursued by either party.
You also acknowledge and understand that, with respect to any dispute with Leica Geosystems, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Leica Geosystems does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Leica Geosystems has the benefit of under any applicable law), this will not be taken to be a formal waiver of Leica Geosystems's rights and that those rights or remedies will still be available to Leica Geosystems.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Leica Geosystems regarding the subject matter of the same, and supersedes all other previous agreements.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.