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Terms Of Use
Privacy Policy
Return Policy
Recurring Billing Policy
Copyright Claims Policy


Acceptance of Terms

This web site (the "Site") contains certain information, documents, software and products (collectively, the "Materials") and various services (the "Services"). VisMasters, Inc. ("VisMasters") provides you access to use such Materials and Services subject to the terms and conditions set forth in this document (the "Terms of Use"), which VisMasters may revise at any time and at its sole discretion. By browsing or using this Site, you, and the entity, if any, you represent, agree to be bound by the Terms of Use, and any revisions thereto. You should periodically visit this page to determine the then current Terms of Use to which you are bound. If you do not agree to these Terms of Use, do not use this Site.

Copyright Notice/Use Restrictions

The Materials and Services provided on this Site, as well as the arrangement of the content on the Site, are protected by law, including, but not limited to, copyright law and/or other intellectual property laws. Except as expressly authorized herein and/or by VisMasters or the copyright owner, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. In addition, the Materials or Services contained on this Site may not be "mirrored" on any other server without VisMasters' written permission. Further in accessing and using the Site, you agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

Use of Software

The software, and accompanying documentation, if any, made available for download from this Site are the copyrighted works of VisMasters and/or its vendors. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You may not download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such. If you do not agree to such terms do not download and install the software.

Use of Other Site Materials

You may display, copy, distribute and download the Materials on this Site (other than the Software and accompanying documentation and other than the design and layout of the Site) only for personal, non-commercial use, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in such Materials.

The rights granted to you above constitute a license not a transfer of title. These rights terminate automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.

Trademarks

The trademarks, service marks, logos, and trade dress (the "Trademarks') used and displayed on this Site are registered and unregistered Trademarks of VisMasters and others. Nothing on this Site grants, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the express written permission of the Trademark owner. The name of VisMasters or the VisMasters logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this Site, without prior, written permission. VisMasters prohibits use of the VisMasters logo as a "hot" link to any VisMasters site unless establishment of such a link is approved in advance by VisMasters in writing.

A partial list of U.S. Trademarks owned by VisMasters follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of VisMasters should be referred to VisMasters at 163 East Main Street, Lexington, Kentucky 40507, 859-252-3118.

VisMasters®
RPC™
smartcontent
realpeople
realtrees

Your Transmissions

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary. By posting such material, information or ideas to the Site, you (i) grant to VisMasters and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute or create derivative works of such materials or information; (ii) agree that VisMasters is free to use any ideas, concepts, know-how or techniques that you send us for any purpose and (iii) warrant and represent that you own or otherwise control all of the rights to the materials, information and ideas and that public posting, use and distribution of such by VisMasters will not infringe or violate the rights of any third party.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Safe Harbor

VisMasters is not responsible for any products sold herein that contain copyrighted material of any sort. However, if a product is found to contain copyrighted material of any kind without an explicit agreement between the rights holder and the creator of the product, please contact us at support@vismasters.com and we will attempt fix the issue as best we can, depending on the product, agreement, and other circumstances regarding the incident.

Use and Protection of Your Account Number and Password

You are responsible for maintaining the confidentiality of your account number and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Disclaimers and Limitations of Warranties

Information on this Site may contain technical inaccuracies or typographical errors. The Materials or Services contained within this Site, including the prices and descriptions of products, may be changed, updated or discontinued at any time without notice.

This Site is controlled and operated by VisMasters from its offices within the United States. VisMasters makes no representation that Materials or Services provided through this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Except as expressly provided otherwise in a written agreement (including licenses downloaded with Software) between you and ArchVision, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND AND VISMASTERS, ALONG WITH ITS VENDORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, VISMASTERS DOES NOT WARRANT OR MAKE ANY RESPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR SERVICES ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you; however to the extent permissible, any implied warranties are limited to ninety (90) days.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VISMASTERS OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS SITE, OR FOR ANY USE OF THIS SITE, EVEN IF VISMASTERS OR A VISMASTERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY MATERIALS OR SERVICES FROM THIS SITE, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Termination of Access

We reserve the right to deny access to the Site to any person or entity whom we have reasonable grounds to believe may be using the Site for an unlawful or unauthorized purpose or in a manner that may harm us.


Your Privacy at VisMasters.com

At VisMasters we believe that understanding what our customers want for products, services, and information is an important part of building an interesting and useful online environment.

We have designed our website with this belief in mind, and we've created this policy statement so that you have easy access to information about our privacy policies and practices.

If you have any questions about VisMasters privacy statement or policies, please contact VisMasters. Or if you prefer, our postal address is:

VisMasters
163 East Main Street
Lexington, KY 40507
USA
or reach us via phone at (859)252-3118.

Information that we collect online

In several areas of our site we ask you to provide information by filling out and submitting an online form. These areas include registration and during the ordering process.

Information that we do not collect

When you visit our site, we do not collect your name, email address, or any other personal information unless you provide it to us.

No personal information is passed to VisMasters from our affiliate partners.

How we use the information that we collect

By collecting information, we hope to make your current and future experiences with VisMasters as useful and effective as possible. We hope to keep you informed about changes in our products, changes that will provide you with increase value and positively impact the way that you work.

The information we collect about you and your visit will help us to refine our website so as to improve your experience. We analyze and use the information we collect in two ways; first, we review our customer information in the aggregate to determine which areas of the site are of most value, and which are less valuable. Second, we may use information gathered during a customer's visit to help customize his or her next visit to the site. Information we collect will allow us to provide you more immediate access to the kinds of information you value the most.

Certain product vendors require end user registration of their product in order to receive an authorization code or access to their products. This information may include name, company, address and email information. You will be notified during the order process when purchasing products that requires your customer information to be passed to the product vendor.

VisMasters does not sell, or distribute any customer information to anyone outside of our company.



Return Policy

VisMasters supports the manufacturer’s return policies for the products that it sells. Since each product has different policies please see below for each products return policy. All returns must be approved before returning merchandise. No unapproved return will be accepted. No product may be returned after 14 days from date of delivery. All eligible returns are subject to a 15% restocking fee. Also, please note that shipping cost is not refundable.

Before attempting to return any product you must contact VisMasters customer service at (859) 252-3118 extension 118, or by sending an email to support@vismasters.com.

If you find that you are having trouble with the product, or it is not performing to your expectations, please contact VisMasters Technical Support line at (859) 252-3118 extension 103 or use the web based support at http://www.vismasters.com/support.

VisMasters return policy does not affect the warranties, if any, granted to you under the manufacturer’s product software license.

Product Policies

Piranesi
VisMasters offers an unconditional full money-back guarantee, as long as the Piranesi is returned unused and intact within 14 days of purchase together with proof of purchase.

Chaos Group Chaos Group products have specific fulfillment requirements which enable fulfillment only to addresses in Canada, USA, and Mexico. Please contact support@archvision.com for further details.

Rhino / Flamingo / Penguin / Bongo / Accurender
VisMasters offers a 100% satisfaction guarantee on Rhino, Flamingo, Penguin, Bongo, and Accurender. If you are not satisfied with the product return it to VisMasters and we will refund the purchase price of the product.

rtre / FinalRender / FinalToon
rtre, FinalRender, and FinalToon may be returned within 30 days of invoice date provided VisMasters can obtain a valid return merchandise authorization from Turbo Squid and the product has not been authorized.

Hyperfocal Design
VisMasters offers a 100% satisfaction guarantee on all Hyperfocal Design products. If you are not satisfied with the product return it to VisMasters (at your cost) and we will refund the purchase price of the product, less shipping costs.

VisMasters Online : Training Videos
VisMasters online training video(s) is a non-returnable product. If you encounter difficulty viewing the videos due to your company's internal firewall / security issues please contact your IT department for support. VisMasters support team is also available for assistance.

VisMasters Online : Live Online Classes
Any cancellation will be subject to a 10% administrative fee unless it is within the following time periods:

  1. Cancellations received less than 3 days prior to start of online class are subject to a 25% cancellation fee.
  2. Cancellations received less than 24 hours prior to start of online class are subject to a 50% cancellation fee.
VisMasters reserves the right to re-schedule class offerings and/or substitute an equivalent offering to students.

RPC All Access Hard Drives
RPC All Access hard drives are intended for quick transfer of RPC files to VisMasters customers. Customers should copy the content of the drives to their own computers upon receiving them. They are not intended for long term usage. VisMasters is not responsible for hard drive failure. Hard drive manufacturer's warranties are not included. VisMasters provides the hard drive without any packaging. Warranty replacement is solely at the discretion of the hard drive manufacturers.

Defective hard drives (dead on arrival) will be replaced for another hard drive if returned within 7 days from the date the product is received. Please contact ArchVision Customer Service prior to returning the hard drive for further instructions.

All other products
Once the physical packaging seal has been broken or the product has been downloaded the product may not be returned. However, prior to opening the package any product may be returned for a full refund or exchange with other products sold by VisMasters less shipping and handling charges.



Subscription Customers / Recurring Billing:

In order to purchase a subscription you must agree to the following terms:

You authorize ArchVision (dba “VisMasters”) through Verisign to automatically bill the charge card you have provided until you cancel this subscription. If you are purchasing an annual subscription service, your credit card will be charged at the time of purchase for the entire subscription amount and renewals will be billed on your subscription anniversary date each subsequent year. You will receive notification via email of your renewal thirty (30) days prior to your subscription expiration, you may elect to non-renew or cancel at that time by opting out or notifying customer service. If you take no action, your subscription and recurring billing will continue.

For paid services with annual terms, the service term begins the day the service is purchased and continues until the end of the applicable subscription period. On the last day of each applicable term, your service will automatically renew for successive terms of the same duration unless you cancel the service as described in the Cancellation of Service section of this Billing Policy.

PLEASE NOTE: All charges are non-refundable, so no refunds will be issued if your service is canceled before the end of the applicable term.

Cancellation of Service

You may terminate your renewal or recurring billing by opting out on your renewal notification or by contacting Customer Service, but, as noted above, no refunds will be issued for any cancellation made before the end of your applicable service term. You may contact customer service via email at support@vismasters.com, or via phone 859.252.3119 x103.

All Access Compatible Applications

The following applications support the All Access content:

  • Adobe Photoshop (6.x and above)
  • ArchVision Composer
  • ArchVision Viewport
  • Autodesk 3ds Max (6.x and above)
  • Autodesk Viz (2005 and above)
  • Autodesk ADT using VizRender (2005 and above)
  • Autodesk AutoCAD & AutoCAD Architecture (2008 and above)
  • Autodesk Revit (2009 and above)
  • AutoDesSys FormZ
  • Bentley Microstation
  • Newtek Lightwave



Procedure for Making Claims of Copyright Infringement

ArchVision respects the intellectual property rights of others, including rights provided by the copyright laws of the United States and other nations. You may not store material of any type or in any format on, or disseminate such material over, ArchVision's systems or servers in any manner that infringes third party intellectual property rights. In accordance with the Digital Millennium Copyright Act and other applicable law, it is the policy of ArchVision to terminate, in appropriate circumstances, access and/or service provided to any user that infringes third party intellectual property rights, including repeat infringers.

Pursuant to 17 U.S.C. § 512(c)(2), all notifications of claimed copyright infringement on the Company's systems or Web site should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying ArchVision, Inc., that you allege an infringement of your copyright.

Under federal law, you may be subject to civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties may include court costs and monetary damages, as well as attorneys' fees. Such attorneys' fees include those incurred by parties who are injured as a result of ArchVision's relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner's licensee, or (c) ArchVision.

You must provide notice, in writing, to the following Designated Agent:
Dee Fife
ArchVision, Inc.
163 East Main Street
Lexington, Kentucky 40507
USA
telephone: 859.252.3118 ext. 104
facsimile: 859.381.1108
email: dfife@archvision.com

Pursuant to 17 U.S.C. § 512(c)(3)(A), your notification of claimed infringement should include the following:

  1. The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of a website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our website, including its URL, so that we can locate the material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
 
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